Era Polymers Pty Ltd & Anor v Uniroyal Australia Pty Ltd & Ors [1987] FCA 148

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NOT FOR DISTRIBUTION

GENERAL DIVISION

FOX J.

FOX J. 9 MARCH 1987

) ) ) No.G 502 of 1986 ) i

BETWEEN : ERA POLYMERS PTY. LIMITED

First Applicant GEORGE PAPAMANUEL

Second Applicant

AND:

UNIROYAL AUSTRALIA PTY. LIMITED

First Respondent

SCHENECTADY CHEMICALS AUSTRALIA Pry .LIMTTED

Second Respondent

UNIROYAL AUSTRALTA PTY. LIMITED

Cross-Claimant

ERA POLYMERS PTY. LIMITED

First Cross-Respondent

GEORGE _PAPAMANUEL

Second Cross—Respondent

REASONS FOR JUDGMENT

(EX TEMPORE)

I am hearing together two applications for security for

costs, brought separately by the two respondents to the principal

proceedings.

The proceedings have been on foot for some time and in December last were the subject of interlocutory applications. No point has been taken concerning the lateness of the applications, but many documents have been filed over the period, and there have been several Court hearings, usually of short duration. Some time after the proceedings had been commenced, the first respondent, Uniroyal Australia Pty. Limited, cross-claimed against the first and second applicants, the latter apparently

being added as an applicant as a result of the cross-claim.

The principal proceedings allege breaches of sections

45(2), 46(1) and 47(5) of the Trade Practices Act 1974, while the

cross-claim alleges breaches of confidence in relation to confidential material. Against the respondent Schenectady there is a further claim for breach of s.52 of the Act. The subject matters of claim and cross-claim are associated, but the latter