Federal Court of Australia
one
#2
LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No.G 169 of 1985
GENERAL DIVISION BETWEEN: PROFESSTONAL COMPUTER RESOURCES INC. Applicant/Cross-Respondent AND:
PROFESSTONAL COMPUTER RESOURCES (AUSTRALIA) PTY. LIMITED
First Respondent /Cross-Claimant AND:
GRAHAM _ BROGDEN
Second Respondent
CORAM: FOX J.
DATE: 2 FEBRUARY 1987
AN .- VE f)
13 FEB 1987 , FEDEPAL_COURT OF '
eG Tar ca
REASONS FOR JUDGMENT (EX TEMPORE)
This is an application for securitv for costs made in respect of a cross-claim bv the cross-respondent aaainst the eross-claimant who is the first respondent to the primarv praceedinas. The primarv proceedinas were commenced bv the present applicant, The application for securitv is made under
s.533 of the Companies Code 1981 (N.S.W.), although s.56 of the
t-
Federal Court of Australia Act 1976 has a provision which is in respects in wider terms. The interrelation of these sections was
dealt with in Bell Wholesale Pty Limited v. Gates Export
Corporation (1984) 8 ACLR 588.
The primary proceedings, as I have called them, relv on
s.52 of the Trade Practices Act 1974. The respondents thereto are
the present cross-claimant. and an individual, who is sued in reliance ons.75B of the Act. The latter has also filed a cross-claim but no application for securitv has been made in his
masse.
The case has had a lona history with manv steps, and with manv documents filed. The primarv proceedings were initiated by an application oon 8 July 1985, and an interlocutorv injunction was granted against the two respondents to prevent them carrying out a certain course of conduct, upon an undertaking as to damages which I understand is still subsisting. At a relatively earlv stage an application was made for an order for security for costs against the applicant, which I understand is a United States company, and an order was made which still subsists. The cross-claim in question was filed on 8 November
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