Bell Wholesale Co Pty Ltd v Gates Export Corp & Ors [1983] FCA 342

CATCHWORDS

PRACTICE AND PROCEDURE - Security for costs - applicant in the

substantive proceedings a corporate trustee - whether terms of

sub-s. 533(1) of the Companies (Queensland) Code are applicable

in respect of proceedings in the Federal Court - whether 0.28

r.3(1)(b) of the Federal Court Rules applicable -

considerations relevant to the Court's discretion.

Federal Court Rules, 0.28, r.3

Judiciary Act, 3.29 Companies (Queensland) Code, s.533(1)

BELL WHOLESALE COMPANY PTY LTD v. GATES EXPORT CORPORATION AND ORS

QLD G73 OF 1983

FITZGERALD J. BRISBANE 11 NOVEMBER 1983

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G73 of 1983

GENERAL DIVISION )

BETWEEN : BELL WHOLESALE COMPANY PTY LTD

Applicant AND:

GATES EXPORT CORPORATION

First Respondent AND:

TRIDON PTY LTD

Second Respondent AND:

R.P. WALLIS WHOLESALE PTY LTD

Third Respondent AND:

ANGUS HILL HOLDINGS LTD

Fourth Respondent

ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 11 NOVEMBER 1983 WHERE MADE: BRISBANE THE COURT ORDERS THAT: l. The applicant give security in the amount

of $10,000 for the first respondent costs of and incidental to these proceedings including the costs of the present application ina form to be agreed and failing agreement to be determined by the Court.

Ps t ' a soar ame ' Cre ryht Ms Mattias yee wt "ap : Pi on , ' |

The applicant pay the first respondent's costs of and incidental to the application for security for costs.

The first respondent's motion for security for costs is otherwise adjourned

generally to be restored at any time on reasonable notice.

Ws

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G73 of 1983

GENERAL DIVISION )

BETWEEN : BELL WHOLESALE COMPANY PTY LID

Applicant AND:

GATES EXPORT CORPORATION

First Respondent AND:

TRIDON PTY LID

Second Respondent AND:

R.P. WALLIS WHOLESALE Pry LTD