Federal Court of Australia
IN COU: UST.
NEW SOUTH W. S DIS C
VISION
BETWEEN:
f ZO | C5 JUL 1999
vo \ AGT OF
15 DECEMBER 1994
JUDGMENT No. .. ra f if
voocecsevovcocoa! opocecocenee
) ) ) No. G259 of 1994 ) )
YDA _INVE ¥
LIMITED First Applicant
THE SHIRT FACTORY _ PTY LIMITED Second Applicant
CONTIN SHIRTS
co PTY LIMITED Third Applicant
NENTAL HIRTS MANUFACTURING CO PTY LIMITED
Fourth Applicant
RO C_OAY Fifth Applicant
ALLEN OA Sixth Applicant
s 5) US COMPANY M IN UIDAT First Respondent
ESTATE MORTGAGE __ MANAGERS I U 8)
Second Respondent
RVICES D N
LIQUIDATION) Third Respondent
MERCANTILE MUTUAL _ LIFE INS CO LIMIT Fourth Respondent
MARTIN MADDEN Fifth Respondent
GREGORY ROBERTSON Sixth Respondent
LOCKHART J. On 25 November 1994 I gave judgment with respect to
certain motions, the details of which are set out in my reasons. I did not make orders then because the case was complex, the motions were intricate and I wished the parties to have a chance to read them so that they could then formulate appropriate orders to give effect to the reasons for judgment. The parties have done that and have arrived at agreement as to the appropriate orders to be made to give
effect to my reasons, save as to the question of costs.
The difference between the applicants and the respondents is whether an order for costs should be on an indemnity or on the usual party and party basis. There is also disagreement between the applicants and the respondents as to whether any orders for costs should be limited to the motions that were before the Court and were the subject of my reasons of 25 November, or whether such orders should extend to the whole of
the proceedings to date.
The principles governing awards of security for costs have been referred to in a number of decisions in this Court. It is sufficient if I refer to Fountain Selected Meats Sales Pty Limited v International Produce Merchants Pty Limited (1988) 81 ALR 397, in the judgment of Woodward J; Colgate
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