Scanno Pty Ltd v Saab- Scania Australia Pty Ltd [1983] FCA 405

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

SCANNO PTY. LTD.

and

~ SAAB-SCANIA AUST. PTY. LTD.

ORDER

JUDGE MAKING ORDER

Woodward J.

DATE OF ORDER 23 December 1983

WHERE MADE

Melbourne

THE COURT ORDERS THAT: _—

No. VG 117 of 1983

Applicant

Respondent

1. The applicant provide security for the costs of the

respondent, in the sum of $5000, on or before 6 February 1984.

2. The application be set down for hearing on 14 May 1984.

3. The directions hearing herein be adjourned to 2 March 1984. -

4. Liberty be reserved to each party to

apply

generally, upon seven days notice to the other party.

5. The costs of this application be reserved.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 117 of 1983 ) )

! GENERAL DIVISION

' BETWEEN: SCANNO PTY. LTD. Applicant

and - SAAB-SCANIA AUST. PTY. LTD. Respondent

CORAM: Woodward J.

DATE: 23 December 1983

REASONS FOR JUDGMENT

In this matter the Court was moved on 20 October 1983 by the respondent ('Saab') for an order for security for costs. The

application was made pursuant to both s.56(1) of the Federal Court

Act 1976 and s.533(1) of the Companies (Vactoria) Code. As to the

inter-relation of these two acts see Jet Corporation of Australia

Pty. Ltd. v Petres Pty. Ltd., an unreported judgment of this Court

delivered by Northrop J. on 4 October 1983.

The action involves claims, both under the Trade Practices Act 1974 and at common law, arising from a commercial

arrangement between the parties. Counterclaims are also made.

The arrangement concerned a fleet of trucks operated by the applicant which were maintained by the respondent. It is not necessary to describe the precise nature of claims and counterclaims; all that need be said for present purposes is that

there is a genuine commercial dispute between the parties.