Kaldover Pty Ltd v Maher, C.M. & Ors [1987] FCA 391

3a

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G76 of 1987 GENERAL DIVISION )

a

BETWEEN: KALDOVER PTY. LTD. Applicant

AND: CLAIR MARGARET MAHER and JOAN PATRICIA FRIEL MAHER

First Respondents

AND: PATTEN TREWIN

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 20 JULY 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the applicant, Kaldover Pty. Ltd., lodge with the District Registrar at Brisbane as security for the costs of the second respondent the sum of $15,000, payable as follows:

(a) $2,000 on or before 3 August 1987;

(b) $4,000 on or before 7 September 1987;

(c) $9,000 not less than 5 weeks prior to the date fixed for trial of this application;

2. should the applicant fail to make any of the payments aforesaid, the application shall be stayed 7 as against the second respondent;

3. the applicant pay the second respondent''s costs of and incidental to the application for security, to be taxed. "3.

NOTE: Settlement and entry of orders is dealt in SON

Order 36 of the Federal Court Rules. on sN

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271001987 | |

F2lEN AL COUR ay

a AUSTRALIA. oF A : "OUICIPAL in

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G76 of 1987 GENERAL DIVISION )

BETWEEN: KALDOVER PTY. LTD. Applicant

AND: CLAIR MARGARET MAHER and JOAN PATRICIA FRIEL MAHER

First Respondents

AND: PATTEN TREWIN

Second Respondent

PINCUS J. 20 JULY 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an application for security for costs against the second respondent, in respect of which I have already refused an application for adjournment. The amended statement of claim Says in paragraph 3(a) that the second respondent, for whom Mr. Bowden appears, was a hotel broker and in paragraph 3(b) that he acted as agent for the first respondents. The case against him seems to be that he is personally liable on the basis that he was guilty of fraud, or negligence, or that he was knowingly involved