J & M O'Brien Enterprises Pty Ltd v The Shell Company of Australia Ltd [1983] FCA 92

CATCHWORDS

Companies - Security for costs - Appeal re Fetroleum Retail Marketing Franchise Act - Whether appellant likely to be able to pay costs if unsuccessul - Whether bona fide appeal - Relationship between parties - Whether order for security would

prevent or inhibit appellant from proceeding with appeal.

Companies (N.S.W.) Code 1981 s.533.

Petrol Retail Marketing Franchise Act 1980. J. & M. O'BRIEN ENTERPRISES PTY. LIMITEL v THE SHELL COMPANY CF

AUSTRALIA LIMITEL

N.S.W. No. G264 of 1982.

CCRAM: Bowen C.J.

Sydney.

25 May 1983.

IN THE FEDERAL COURT CF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G264 of 1982 ) )

GENERAL DIVISION

ON APPEAL FROM MR. JUSTICE FOX

BETWEEN: Jd. & M. O'BRIEN ENTERPRISES PTY. LIMITED Appellant ANL: THE SHELL CCMPANY OF AUSTRALIA LIMITED Respondent ORDER JUDGE MAKING ORDER: Bowen C.d. WHERE MADE: Sydney. DATE: 25 May 1983 THE COURT CRDERS THAT: 1. The respondent's notice of motion filed on 9 May 1983 be

dismissed.

2. The costs of the motion be costs in the appeal.

iN THE FEDERAL COURT OF AUSTRALIA

NEW SCUTH WALES DISTRICT REGISTRY No. G264 of 1982

a ee ee)

GENERAL DIVISICN

ON APPEAL FRCM MR. JUSTICE FOX

BETWEEN J. _& M. O'BRIEN ENTERPRISES PTY. LIMITED

Appellant AND THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent

CCRAM: Bowen C.J.

25 May 1983

REASONS FCR_ JUDGMENT

This is a motion brought by The Shell Company of Australia Limited ("Shell") against J. & M. O'Brien Enterprises Pty. Limited ("O'Brien Enterprises") seeking the following

orders :-

"1. That the appellant give security for payment of costs that may be awarded against it.

2. That the security be cf such amount and given at such time and in such manner and form as the Court directs.

3. That if the appellant fails to comply with the aforesaid orders that the appeal herein be dismissed.

4. That the appellant pay the respondent's costs of these proceedings".