Gibson, C. v. Opalsearch P/L & Ors [1994] FCA 888

| JUDGMENT No. ome Smal wonbebon

CATCHWORDS

CORPORATIONS - order authorising inspection of books

PRACTICE AND PROCEDURE - application for order for security for costs

s Law, s 319

No. NG 3400 of 1994

CARL GIBSON v OPALSEARCH PTY LIMITED and others

MOORE J SYDNEY

23 NOVEMBER 1994

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

\s] hs td

NOT.

No. NG 3400 of 1994

ed

BETWEEN: CARL GIBSON Applicant AND: OPALSPECTRUM PTY LIMITED

First Respondent

OPALSPECTRUM GROUP LIMITED Second Respondent

VAN _BRUGGE HOLDINGS PTY LIMITED

Third Respondent

Moore J Sydney

23 November 1994

ORDER OF THE COURT

THE COURT ORDERS THAT:

1.

The application for an order under s319 of the Corporations Law be adjourned to enable the parties to bring in short minutes to give effect to the reasons for judgment.

The application for an order to give security for costs be dismissed.

The respondents pay one half of the applicant's costs of the two notices of motion.

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 ) No. NG 3400 of 1994 )

GENERAL DIVISION )

BETWEEN: CARL GIBSON Applicant AND: OPALSPECTRUM PTY LIMITED

First Respondent

OPALSPECTRUM GROUP LIMITED 8econd Respondent

VAN BRUGGE HOLDINGS PTY LIMITED

Third Respondent

JUDGE: Moore J PLACE: Sydney

ATE: 23 November 1994

REASONS FOR JUDGMENT

On 15 August 1994 an application ("the principal application") was filed on behalf of Mr Carl Gibson ("the applicant") alleging breaches on ss187(1) and 260 of the Corporations Law ("the Law") and s52 of the Trade Practice Act 1974 (Cth) ("TP Act"). The application was subsequently amended as was the statement of claim that accompanied it. While it is not entirely clear from the pleadings what is alleged and sought by way of relief, it appears to be that, in substance, the applicant seeks damages for wrongful dismissal,