Federal Court of Australia
IS eases
CATCHWORDS
Practice and procedure -
security for costs.
Federal Court of Australia Act 1976 5.56
Companies (Victoria) Code
MOLNAR LIMES
ENGINEERING FTY. Lip. and E. d.
LID. BURRIS
G.209 of 1982
Northrop J. Melbourne
22 February 1985. ee
x Not considered
s.583(1)
v. THE HERALD
&
WEEKLY
appropriate for further distribution,
IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. No. G209 of 1982 ) GENERAL DIVISION ) BETWEEN : MOLNAR ENGINEERING PTY. LTO. Applicant and THE HERALD & WEEKLY TIMES LID. and E. J. BURNS Respondent = CORAM: Northrop J. DATE: 22 February 1985 PLACE: Melbourne ORDER
THE COURT ORDERS THAT:
Molnar Engineering Fty. Ltd. give security ain the amount of $35,000 for the costs of the respondent, E. J. Burns, of and incidental to these proceedings in a form to be agreed by the parties, and in default of agreement within fourteen days to be
determined by the Court.
Further proceedings on the claim against the respondent Burns be stayed until security 1s
provided.
i
Liberty be reserved to either party to apply
generally upon five days notice to the other party.
- " soy
The respondent Burns's costs of the motion, ancluding the costs of the day of 7 February 1985,
be paid by Molnar Engineering Fiy. Ltd.
IN THE FEDERAL COURT OF VICTORIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G.Z09 of 1982 ) )
GENERAL DIVISION
BETWEEN : MOLNAR ENGINEERING FTY. LTD. Applicant and THE HERALD & WEEKLY TIMES LTD. and E. 3g. BURNS - Respondents COURT: Northrop Jd. DATE 22 February 1385 EFLACE: Melbourne
-
REASONS FOR JUDGMENT
The history of various matters arising in this
application appears in Molnar Engineering Pty. Ltd. v.
The Herald and Weekly Times Ltd. (1984) 1 F.C.R. 455 and
on appeal in Molnar Engineering Pty. Ltd. v. The Herald
and Weekly Times Ltd., 17 July 1984, unreported. The respondent, Mr. Burns, now moves the Court, upon notice, that the applicant, Molnar Engineering, give security for his costs. The motion 15 based upon s.56 Federal
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