Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )
GENERAL DIVISION No. G148 of 1983
BETWEEN : W. & K. NO. 1 PTY. LIMITED Applicant AND: THE GREAT OUTDOORS COMPANY LIMITED Respondent ORDER Judge making order: Beaumont, J. Date of order: 26 July, 1983 Where made: Sydney.
THE COURT ORDERS THAT:
1. Order that the applicant shall provide within twenty one days of the date hereof security in the sum of $5,000 by way of bank bond in the form acceptable to the Court for the goods of the respondent of these proceedings up to the close of pleadings.
2. Order that these proceedings be stayed until the provision of the security aforesaid.
3. Direct that the said bond be held in safe custody by or on behalf of the Registrar of the Court subject to the
further order of this Court.
4. Order that the respondent have liberty to apply
from time to time for further security for its costs of the proceedings after close of pleadings.
5. Order that the applicant pay the respondent's costs
of the motion for security up to and including today.
6. Order that the motion for security stand over generally with liberty to the respondent to resolve by leave of the
Court to be applied for on two days' notice to the applicant.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. G148 of 1983
BETWEEN : W. & K. NO. 1 PTY. LIMITED
Applicant
AND: THE GREAT OUTDOORS COMPANY LIMITED Respondent CORAM : Beaumont, J. (ex tempore) DATED: 21 July, 1983.
REASONS FOR JUDGMENT
This is an application made under s.533 of the Companies Code of New South Wales. Under that provision, where a corporation 1s a plaintiff in any legal proceedings, the Court, having jurisdiction in the matter may, 1f it appears by credible testimony that there 1s reason to believe that the corporation will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs and make consequential
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