Warea Pty Ltd & Anor v Waterloo Industries Pty Ltd & Ors [1986] FCA 65

CATCHWORODS

PRACTICE - security for costs ~ claim to recover moneys invested

with respondent - ability to obtain costs from amount invested - security refused.

INJUNCTON - Mareva - whether should be varied to enable payment of costs of proceedings.

WAREA PTY. LTD. & ANOR.

v. WATERLOO INDUSTRIES PTY. LTD. & ORS. G6 OF 1986

PINCUS J. BRISBANE 7 MARCH 1986

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY ) QLD G6 of 1986 GENERAL DIVISION )

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BETWEEN: WAREA PITY. LTD.

First Applicant AND: STRIPE LIMITED

Second Applicant

AND: WATERLOO INDUSTRIES PTY LTD & ORS trading as DELTRITE FINANCIAL SERVICES

First Respondent

AND: WILLIAM LEONARD ARMSTRONG

Second Respondent

AND: LISA N. VIRBA

Third Respondent

AND: ROBERT WAYNE COLLINS

Fourth Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS d. DATE OF ORDER: 7 MARCH 1986

WHERE MADE: BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION )

ES

QLD Ge of 1986

BETWEEN: WAREA PTY. LTD.

First Applicant

AND: STRIPE LIMITED

Second Applicant

AND: WATERLOO INDUSTRIES PTY LTD & ORS trading as DELTRITE FINANCIAL SERVICES

First Respondent

AND: WILLIAM LEONARD ARMSTRONG

Second Respondent

AND: LISA N. VIRBA

Third Respondent

AND: ROBERT WAYNE COLLINS

Fourth Respondent

DATE OF HEARING: 7 MARCH 1986

DATE JUDGMENT DELIVERED: 7 MARCH 1986

COUNSEL:

- for the applicant Mr. Morris instructed by Cooper, Grace & Ward for the applicants

for the respondent Mr. Boughen instructed by

Cannan & Peterson for the fourth respondent

J. A. LYONS ASSOCIATE TO PINCUS J.

7 MARCH 1986

te

THE COURT ORDERS THAT:

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NOTE:

The injunction granted by Pincus Jd. on 4 March, 1986 be varied by inserting at the end of paragraph 1 the words: "except that the fifth respondent may make payment to Messrs Clarke and Kann, solicitors of Brisbane, of sums up to a total of $10,000 to be paid into the trust account of such solicitors and applied towards, and only towards, payment of the costs and outlays of those solicitors in and about resistance to the claim of the application in this matter no. G6/1986 provided that such solicitors may, if they see fit, invest the balance of the funds from time to time in the name of their firm in interest bearing securities or deposits."