BJC Media Pty Ltd v Australis Media Ltd & Ors [1995] FCA 135

CATCHWORDS SECURITY FOR COSTS - factors relevant to exercise of court's discretion - whether reason to believe applicant corporation unable to pay respondents' costs - whether Corporations Law s 1335 applies where no evidence of insolvency - manner of exercise of court's discretion. COSTS - quantum of estimate for purpose of application for security for costs - whether separate provision for security for costs appropriate where one of respondents alleged to be employee of another - consideration of accuracy of estimate of costs. Corporations Law s 1335 Sir Lindsay Parkinson & Co Ltd v Triplan Ltd [1973] 1 QB 609 Erolen v Baulkham Hills Shire Council (1993) 10 ACSR 441 Bryan E Fencott and Associates Pty Ltd v Eretta Pty Limited (1987) 16 FCR 497 Ilat Nominees Pty Ltd v Murragong Nominees Pty Ltd (1980) 48 FLR 385 K P Cable Investments Pty Limited v Meltglow Pty Limited & Ors (unreported, Federal Court of Australia, Beazley J, 28 February 1995) BJC MEDIA PTY LIMITED v AUSTRALIS MEDIA LIMITED & ORS No. NG 877 of 1994 Tamberlin J Sydney 22 March 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 877 of 1994 GENERAL DIVISION ) BETWEEN: BJC MEDIA PTY LIMITED Applicant AND: AUSTRALIS MEDIA LIMITED First Respondent PETER ROSE Second Respondent MARK COLLIER Third Respondent CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 22 MARCH 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Within 28 days, the applicant gives security for costs in the amount and in the form set out below. (a) In the case of the first respondent in the sum of $24,000, such sum either: (i) to be paid into a joint account to be opened in the names of the solicitor for the applicant and the solicitor for the first respondent, with a bank or other like financial institution, such sum and any interest accruing thereon to abide the further order of the Court; or (ii)to be secured by an insurance or bank bond in a form to be settled by the Registrar; (b) In the case of the second respondent, in the sum of $17,000 such sum either: (i) to be paid into a joint account to be opened in the names of the solicitor for the applicant and the solicitor for the second respondent, with a bank or other like financial institution, such sum and any interest accruing thereon to abide the further order of the Court; or (ii)to be secured by an insurance or bank bond in a form to be settled by the Registrar. 2. Until such security is provided as aforesaid, the applicant is not to be at liberty to take any further steps in these proceedings as against the first and second respondents. 3. The applicant pay the costs of these motions of the first and second respondents. 4. Liberty be reserved to the first and second respondents and each of them in the event that the applicant fails to provide such security within the time limited to apply for an order that the proceedings be dismissed. 5. Liberty be reserved to the first and second respondents and each of them to apply at any time for an order that the amount of such security be increased. NOTE : Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.