Kaldover Pty Ltd v. Maher, C.M. & Ors [1988] FCA 69

JUDGMENT No. CA. B2h

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

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDEP: 9 MARCH 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. the application for security for costs by the first cespondents be dismissed;

tw

the costs of the application be the applicant's costs in the proceedings.

>, Oo

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

|

©

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. 9 MARCH 1988

REASONS FOR JUDGMENT

I have before me an application for security by

first respondents in this claim, which is brought under s.52

the Trade Practices Act 1974. It concerns a purchase of a ho

lease.

T heard a previous application for security on 20 July

1987 and made an order for security 1n favour of the second

respondent in the sum of $15,000, payable as set out in the order.

The order for security in favour of the second

respondent has not been complied with and the evidence is that

a similar order is made in favour of the first respondents,

case will be at an end. The applicant is insolvent and Mr and Mrs

Baker, its directors, have no significant funds.

The contention advanced on behalf of the applicant in resistance to this second application for security is that the Material presently before the Court, and in particular' some documentary material, shows that the applicant has a strong case

which should not be stifled.