Federal Court of Australia
Bie CATCHWORDS TRADE PRACTICES - 3.52 - allegations that statements about future misleading - bald allegation of falsity - application to
strike out paragraphs.
PRACTICE - change of venue "manifest preponderance of
convenlence" must be shown.
COSTS - security - applicant company - form of order providing
choice - opportunity to provide directors' guarantee in liéu.
Comparies Code, s.533(1) Judiciary act, s.79
Trade Practices Act, s.52 Federal Court Rules, 0.30 r.6
RIGHT HOME IMPROVEMENTS INTERNATIONAL PTY LTD
Vv.
IMPEFTAL ALAPM SCREENS (AUST.) PTY LTD (First Respondent) BOUGLAS WEST (Second Respondent)
FREDERICh CAVANAGH (Third Respondent)
Qld G75 of 1985
PINCUS J. BRISBANE 17 OCTOBER 1985
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G75 of 1985 GENERAL DIVISTON )
BETWEEN : RIGHT HOME IMPROVEMENTS INTERNATIONAL PIY LTD
Applicant AND:
IMPERTAL ALARM SCREENS (AUST.) PTY LTD
First Respondent
AND: DOUGLAS WEST Second Respondent AND: FREDERICK CAVANAGH
Third Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 17 OCTOBER 1985 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The proceedings be staved unless within 14 days -
(a) the applicant Right Home Improvements International Pty Ltd gives security for the
respondents' costs in the sum of $10,000 to the satisfaction of the Registrar, or
(b) an affidavit is filed made by a solicitor on behalf of the said applicant exhibiting an executed copy of a deed by John Robert Parish and Robert Adrian Kingston Thomsen in
favour of the respondents, jointly and severally undertaking to pay any costs ordered to be paid by the said applicant in these proceedings, limited to the sum of $10,000.
2. The respondents' motion be otherwise dismissed.
3. The costs of the motion be costs in the principal proceeding.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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