Sunstate Orchards Pty Ltd v Citrus Queensland Pty Ltd [2006] FCAFC 93

FEDERAL COURT OF AUSTRALIA

Sunstate Orchards Pty Ltd v Citrus Queensland Pty Ltd [2006] FCAFC 93 Federal Proceedings (Costs) Act 1981 (Cth) s 6

SUNSTATE ORCHARDS PTY LTD (ACN 095 659 733) AND ANDREW COLIN STRAHLEY vCITRUS QUEENSLAND PTY LTD (ACN 110 855 359), PETER MICHAEL TRACY AND SUNSTATE CITRUS PTY LTD (ACN 112 847 560) QUD 185 of 2006

GRAY ACJ, SPENDER AND DOWSETT JJ 1 JUNE 2006 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 185 of 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SUNSTATE ORCHARDS PTY LTD (ACN 095 659 733)

First Appellant

ANDREW COLIN STRAHLEY

Second Appellant

AND: CITRUS QUEENSLAND PTY LTD (ACN 110 855 359)

First Respondent

PETER MICHAEL TRACY

Second Respondent

SUNSTATE CITRUS PTY LTD (ACN 112 847 560)

Third Respondent

JUDGES: GRAY ACJ, SPENDER AND DOWSETT JJ

DATE OF ORDER: 1 JUNE 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made on 24 April 2006 be set aside. 3. There be substituted for those orders the following orders: (a) On or before 22 June 2006, the first applicant and the third applicant provide security for the costs of the first respondent and the second respondent of the proceeding, up to the end of the first day of the trial, in the amount of $150 000, by way of unconditional bank guarantee in that sum, or otherwise to the satisfaction of the District Registrar of the Queensland District Registry of the Court; (b) The proceeding, so far as it is brought on behalf of the first applicant and the third applicant, be stayed as against the first respondent and the second respondent until the provision of that security or until further order of the Court; (c) The costs of the first respondent and the second respondent of the notice of motion filed on 27 March 2006, be costs of the first respondent and the second respondent in the proceeding. 4. The persons who gave the undertakings to the Court referred to in the order of 24 April 2006 be released from those undertakings. 5. The respondents pay the appellants' costs of the appeal. 6. The respondents be granted a certificate, pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth), in respect of the costs referred to in s 6(3)(a) and (b). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA