Practice - High Court - Order for security for costs - Proceedings in original jurisdiction of the Court - Order for security for costs within inherent jurisdiction - Width of jurisdiction and matters relevant to its exercise - Constitutional challenge to validity of winding up order - Companies insolvent - Whether collateral challenge to orders of Federal Court doomed to fail - Order for security for costs refused.
Costs - High Court - Security for costs - Original jurisdiction - Absence of express provision for security - Reasons for express provision for security in case of appeals - Inherent jurisdiction to order security - Whether security for costs should be ordered - Order refused.
Corporations - Insolvent corporations - Winding up order made by Federal Court - Challenge to constitutional validity of order - Determination deferred pending decision in Gould v Brown (1998) 72 ALJR 375; 151 ALR 395; [1998] HCA 6 - Challenge by proceedings in original jurisdiction of High Court - Public importance and urgency of resolution of challenge - Whether security for costs should be ordered - Order refused.
Corporations - Insolvent corporations - Commencement of proceedings in High Court - Whether governed by Corporations Law s 1335 - Whether High Court is a "court" within the section - Special definition of "court" - Description inapplicable to proceedings invoking the original jurisdiction of the High Court under the Constitution - Discretion to order security for costs at large within inherent jurisdiction of the Court - Order refused.
Constitutional law - Australian Constitution - Federal judicature - Judicial power of the Commonwealth - Cross-vested jurisdiction in Federal Court as to matters arising under a State Corporations Law - Whether constitutionally valid - Challenge by company ordered to be wound up - Relevance of importance of determination of challenge to application for order for security for costs - Order refused.
Constitutional law - Federal judicature - Judicial power of the Commonwealth - Application for security for costs - Whether doomed to fail - Whether challenge to constitutional validity of winding up order a collateral attack bound to be dismissed - Order for security for costs refused.
Federal Court - Original jurisdiction - Application of State laws - Cross-vesting legislation - Validity - Challenge by company ordered to be wound up - Public importance of challenge - Application for order for security for costs refused.
Constitution, ss 75, 76(i).
Corporations Act 1989 (Cth), s 56(2).
High Court Procedure Act 1903 (Cth), repealed, ss 32, 33, 35, Schedule.
Judiciary Act 1903 (Cth) ss 26, 30(a), 35AA, 42, 44, 78B.
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 9(2).
Corporations Law, ss 58AA, 459A, 1335.
Companies (New South Wales) Code, s 533
Corporations (New South Wales) Act (1990) (NSW), s 42(3).
High Court Rules (Statutory Rules 1928, No 118), O XXVIII rr 9 and 17.
High Court Rules, O 70 r 7, O 71 rr 5 and 6.