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Australia security for costsliquidationstanding to sue

re Staway Pty Ltd

In the matter of Staway Pty Ltd (in liq) (recs and mgrs apptd) [2013] NSWSC 819
JurisdictionAustralia
CourtSupreme Court of New South Wales (Equity Division, Corporations List)
Year2013
StatusPersuasive authority

Key Principle

A company in liquidation that resists an order for security for costs on the ground that security would stultify its claim must show that those who stand behind it and would benefit from the litigation (shareholders and creditors) are themselves unable to provide security; and the Court has power, in its discretion, to permit a person other than the liquidator to bring proceedings in the company's name.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11
Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101
City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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