Federal Court of Australia
JUDGMENT No. TO Qik
CATCHWORDS
Practice and Procedure- motion for security for costs - discretionary nature - applicant ordinarily resident outside Australia - principles applicable.
Federal Court of Australia Act 1976 s. 56° sO D Judiciary Act 1903 s. 79, 80. an ~ "7% Companies (N.S.W.) Code 1981 s. 533(1)
DATE: 23 December 1987 CORAM: GUMMOW J. PLACE: Sydney.
Aussie Protection Inc. & Anor. V Hy-Way Sunvisors (sales) Pty. Ltd.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) GENERAL DIVISION ) NO. G.576 of 1987
BETWEEN: AUSSIE PROTECTION INCORPORATED First Applicant
SIMON WESTBROOK SKEET Second Applicant
AND: HY-WAY SUNVISORS (SALES) PTY. LIMITED First Respondent
LARRY SHEIL Second Respondent
CORAM: GUMMOW J. DATE: 23 DECEMBER 1987
PLACE: SYDNEY Se é 7 By
mM A By K INUTES OF ORDER ON "s mn 4
Ca
THE COURT ORDERS THAT: TT Ie
(1) The Applicants provide security for costs in the amount of $12,500, such security to be in a form agreed between the solicitors for the parties and failing such agreement, in a form acceptable to the Registrar.
(2) The proceedings be stayed until the Applicants have complied with Order (1).
(3) The parties have liberty to apply on seven (7) days
written notice.
(4) Costs of the motion be costs in the substantive application. NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) GENERAL DIVISION ) NO. G.576 of 1987
BETWEEN: AUSSIE PROTECTION INCORPORATED First Applicant
SIMON WESTBROOK SKEET Second Applicant
AND: HY-WAY SUNVISORS (SALES) PTY. LIMITED First Respondent
LARRY SHEIL Second Respondent
CORAM: GUMMOW J. DATE: 23 DECEMBER 1987 PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT HIS HONOUR:
These proceedings were commenced by Application and statement of claim filed 16 November 1987. The first respondent is a company incorporated in New South Wales, and the second respondent, Mr. Sheil, is a New South Wales resident. The first applicant is a corporation which is shown as incorporated under the laws of the State of Maryland in the United States of America. The second applicant, Mr. Skeet, is resident in Maryland and is the President and a shareholder of
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