Laundry Coin-Wash Nominees Pty Ltd v. Dunlop Olympic Ltd & Ors [1985] FCA 292

CATCHWORDS

Fractice and Procedure: whether security for

awarded against a trustee company.

Trade Practices Act 1975 s.52

Federal Court ot Australia Act 1976 s.56(1)

Judiciary Act 1903 5.79

Companies (Victoria) Code s.533

Federal Court Rules 0.28 r.3

LAUNDRY COIN-WASH NOMINERS PIY. LIMITED v.

costs should be

DUNLOP OLYMPIC

LIMITED, J.C. & HOWARD WRIGHT PROPRIETARY LIMITED and TREVOP

BALDOCK

VG Na, 298 of 1984

Smithers d.

28 June 1985

Melbourne.

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION

VG No. 298 of 1984

~~ ewerw

BETWEEN : LAUNDRY COIN-WASH LEASING NOMINEES PTY. LIMITED

(Applicant)

AND: DUNLOP OLYMPLIC LIMITED, J.C. & HOWARD WRIGHT PROPRIETARY LIMITED AND _TREVOR BALDOCK

(Respondents)

dudge Making Order: Smithers J.

Date of Order: 28 June 1985 Where Made: Melbourne. ORDER (a) Undertakings having been given to the Court by the

{b)

applicant and its directors that subject to further order the capital assets in the hands of the applicant will not be disposed of by it, there be no order for the

provision of security for costs which may be payable to

the respondent.

The respondents' costs of and incidental to this motion

be paid by the applicant.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) VG No. 298 of 1984 ) GENERAL DIVISION )

BETWEEN : LAUNDRY _COIN-WASH LEASING NOMINEES PTY. LIMITED

(Applicant)

AND: DUNLOP OLYMPLIC LIMITED, J.C. & HOWARD WRIGHT PROPRIETARY LIMITED AND TREVOR BALDOCK

(Respondents)

Coram: Smithers J.

Date: 28 June 1985

REASONS FOR JUDGMENT

This is a motion in which the respondents seek an order

against the applicant for security for costs.

According to the statement of claim, which was filed on 14 November 1984, the applicant seeks relief in respect of conduct of the respondents alleged to have been misleading or

deceptive in contravention of the provisions of s.52 of the