Sanirise Pty Ltd v Darling Harbourside (Sydney) Pty Ltd [1995] FCA 1108

CATCHWORDS SECURITY FOR COSTS - variation of earlier order - circumstances that warrant variation - personal indemnities - cash security PRACTICE AND PROCEDURE - splitting issues - two separate hearings - filing additional evidence Trade Practices Act 1974 s 52 Federal Court Rules O 28 r 5(2) Cameron's Unit Services Pty Ltd & Anor v Kevin R. Whelpton Associates (Australia) Pty Ltd & Anor [1986] 13 FCR 46 R D Werner & Co Inc v Bailey Aluminium Products Pty Ltd [1988] 18 FCR 389 Bell Wholesale Co Pty Ltd v Gates Export Corporation [1984] 52 ALR 176 Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd and Ors [1992] 8 ASCR 405 Sanirise Pty Ltd v Darling Harbourside (Sydney) Pty Ltd (Davies J unreported 14 December 1994) Brimand v Honeysett Print Pty Ltd (McLelland J unreported 19 September 1988) SANIRISE PTY LTD v DARLING HARBOURSIDE (SYDNEY) PTY LTD NG 325 OF 1993 EINFELD J SYDNEY 15 DECEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 325 of 1993 GENERAL DIVISION ) Between: SANIRISE PTY LTD Applicant And: DARLING HARBOURSIDE (SYDNEY) PTY LTD & ANOR Respondent MINUTE OF ORDERS The Court orders that: 1. the applicant's notice of motion of 29 May 1995 be allowed in part. 2. the orders of Justice Davies of 14 December 1994 be vacated. 3. the applicant provide security for costs of the respondent in the sum of $40,000 of which $20,000 is payable on or before 15 January 1996, the remainder one month prior to the commencement of the hearing. 4. the applicant cause its directors Mr Nejad and Ms Kelly to provide written guarantees, to the satisfaction of a Registrar, indemnifying the applicant against any order for costs which may be made in favour of the respondent at the hearing. 5. the proceedings be stayed in the event these orders are not complied with. 6. the applicant's motion be otherwise dismissed. 7. costs of the motion be costs in the cause. The Court directs that: 8. the parties compile a set of agreed facts and questions for determination in a case stated format for presentation to the Court prior to the fixing of a date for hearing, with or without the assistance of a registrar. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 15 DECEMBER 1995