Charlwood Industries Pty Ltd v Cubitt, I.R. & Ors [1995] FCA 126

CATCHWORDS COSTS - security for - factors relevant to exercise of discretion given by Federal Court of Australia Act 1976, s. 56 - circumstances of the particular case - complexity of applicant's corporate structure - real risk that successful respondents may meet an unacceptably high degree of difficulty and delay in obtaining satisfaction of costs order. Bell Wholesale Co. Ltd v Gates Export Corporation (1984) 2 FCR 1 Equity Access Limited v Westpac Banking Corporation (1989) ATPR 40-972 Chester & Fein Property Developments Pty Ltd v Candam Investments Pty Ltd (1985) 9 FCR 419 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Sandell v Porter (1966) 115 CLR 666 Re Sarina; Ex parte Council of the Shire of Wollondilly (1980) 43 FLR 163 Trojan v Corporation of Hindmarsh (1987) 16 FCR 37 Federal Court of Australia Act 1976, ss. 22, 56. CHARLWOOD INDUSTRIES PTY LIMITED v IAN RAYMOND CUBITT & ORS No. NG838 of 1994 BEFORE: GUMMOW J. PLACE: SYDNEY. DATE: 15 MARCH 1995.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG838 of 1994 GENERAL DIVISION ) BETWEEN: CHARLWOOD INDUSTRIES PTY LIMITED Applicant AND: IAN RAYMOND CUBITT First Respondent ANNE CHRISTIAN Second Respondent GREGORY BOGGIS Third Respondent ROBERT EDWARDS Fourth Respondent ROBLYNE PTY LIMITED Fifth Respondent BEFORE: GUMMOW J. PLACE: SYDNEY. DATE: 15 MARCH 1995. MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The applicant provide security in the sum of $30,000 for the payment of costs that may be awarded the first respondent against the applicant. 2. The applicant provide security in the sum of $30,000 for the payment of costs that may be awarded the second, third, fourth and fifth respondents against the applicant.

3. In respect of orders 1 and 2, security be provided within 21 days in a form agreed between the respective solicitors, and in default of such agreement, security be in a form fixed by the District Registrar. 4. The proceeding be stayed until the applicant has complied with the orders for security. 5. The costs of the respondents on their motions for security, up to and including 15 March 1995, be their costs in the cause. 6. Upon compliance with orders 1, 2 and 3 hereof, the proceeding (including the balance of the motions for security) may be restored to the list upon 7 days' written notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.