Federal Court of Australia
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CATCHWORDS
Practice and procedure - security for costs - jurisdiction of court to make order against limited liability company which is an applicant in proceedings
- matters relevant to exercise of judge's discretion.
Federal Court of Australia Act 1976, sub-sec. 56(1),
s. 59, Order 28 of the Rules
Judiciary Act 1903, s.79 Companies Code 1981 (Q.)
BELL WHOLESALE COMPANY PTY. LIMITED v. GATES EXPORT CORPORATION
No. G113 of 1983
Coram: Sheppard, Morling and Neaves JJ. 1 March 1984
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G113 of 1983
GENERAL DIVISION
On Appeal from _a_ single judge of
the Federal Court of Australia
BETWEEN
BELL WHOLESALE COMPANY PTY. LIMITED
Appellant AND GATES EXPORT CORPORATION Respondent ORDER
JUDGES MAKING ORDER Sheppard, Morling and Neaves JJ.
DATE OF ORDER
16 February 1984
WHERE MADE Sydney
THE COURT ORDERS THAT
1. The appeal be dismissed.
—_—~
2. The appellant pay the respondent's costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. G113 of 1983 ) )
GENERAL DIVISION
On Appeal from a single judge of the Federal Court of Australia
BETWEEN
BELL WHOLESALE COMPANY PTY. LIMITED
Appellant AND GATES EXPORT CORPORATION Respondent CORAM: Sheppard, Morling and Neaves JJ. DATED: 1 March 1984
REASONS FOR JUDGMENT
THE COURT: On 16th February 1984 we dismissed an appeal
from a decision of a judge of the Court ordering that the appellant provide security for the costs of proceedings brought by it against the respondent for damages for alleged contravention of ss. 45, 47, 49 and
52 of the Trade Practices Act 1974. Injunctive relief
is also sought. We sazd we would give reasons for our
decision in due course. What follows are those reasons.
The proceedings relate to the distribution, supply and sale in Australia of automotive spare parts which are manufactured in the United States of America by a company which is related to the respondent, which is itself incorporated and based in the United States.
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