Stack, George & Anor v Brisbane City Council & Ors [1996] FCA 1114

CATCHWORDS SECURITY FOR COSTS - application for security to be provided by corporate applicant for respondents' costs of defending patent infringement proceedings brought by it and an individual applicant - discretionary considerations - complete overlap of issues to be determined as between both applicants and the respondents and no security sought as against the individual applicant - delay in applying - no security ordered. COSTS - whether leave to tax costs orders necessary where applicant relies on O 62 r 7(1)(a) and (c) the Federal Court Rules - leave necessary because costs orders made in an "interlocutory proceeding" within O 62 r 3(3) - leave to tax refused. Corporations Law - s 1335 Federal Court Rules - O 4 r 9, O 19 r 1, O 62 r 3, O 62 r 7 Cases Considered Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (Full Federal Court, 17 August 1995) Bertram v Beaurepaire Tyre Service Pty Ltd (1986) 4 NSWLR 685 Drangold Pty Ltd v Woody Enterprises Pty Ltd (Drummond J, unreported, 13 December 1991) Elliott & Ors v National Crime Authority & Ors (Foster J, unreported, 18 March 1994) Re Farmitalia Carlo Erba S.r.l v Delta West Pty Limited (Heerey J, unreported, 4 March 1994) Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621 R v Smith; Ex parte Mole Engineering Pty Ltd (1981) 147 CLR 340 SPX Corporation v Environmental Products Amalgamated Pty Limited (Northrop J, unreported, 3 August 1992) Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297 GEORGE STACK & ANOR v BRISBANE CITY COUNCIL & ORS QG 28 OF 1994 DRUMMOND J BRISBANE 12 DECEMBER 1996

FEDERAL COURT OF AUSTRALIA No. QG 28 of 1994 QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION BETWEEN: GEORGE STACK First Applicant AND: G S TECHNOLOGY PTY LTD Second Applicant AND: BRISBANE CITY COUNCIL First Respondent AND: DAVIES SHEPHARD PTY LTD Second Respondent AND: DAVIES SHEPHARD (QUEENSLAND) PTY LTD Third Respondent MINUTES OF ORDERS CORAM: Drummond J DATE OF ORDER: 12 December 1996 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The second and third respondents' motion is dismissed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.