Federal Court of Australia
JUDGMENT No. £2.88) 4,227
CATCHWORDS
Practice - Security for Costs - precondition in s 1335 of
Corporations Law that there is reason to believe in company's
inability to meet a costs order - importance of joinder in the action of person responsible for the litigation by the company —- requirement of evidence to justify discretionary order -
onus.
Corporations Law, s 1335 Federal Court of Australia Act 1976, s 56
Ariss v_ Express Interiors Pty Ltd (1995) 13 ACLC 1585 Cameron's Unit Services Pty Ltd v Kevin R Whelpton &
Aesociates Australia) Pty Ltd (1986) 13 FCR 46
K P Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR
Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd (1992)
8 ACSR 405
Erolen Pty Limited v Baulkham Hills Shire Council (1993) 11
ACLC 511 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR P_S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102
ALR 321 S.A. Coppée Lavali .V. v Ken-Ren Chemicals and Fertilizers
Ltd (1995} 1 AC 38
CA st A PT TED ANOR_ -V- OUTBAC OYS AND SOUVENIRS PTY LIMITED
NG 830 of 1996
Burchett J Sydney 8 April 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 830 of 1996
weer ww
GENERAL DIVISION
BETWEEN: CA AUSTRALIA PTY LIMITED First Applicant
AND: CHRISTOPHER ANTHONY BIDDER
Second Applicant
AND: QUTBACK TOYS Al SOUVENIRS PTY LIMITED
First Respondent
AND: GERALD SCHEMAN Second Respondent AND: TERENCE CONDON
Third Respondent
CORAM: Burchett Jd. PLACE: Sydney DATE: 8 April 1997
MINUTE OF ORDER OF THE COURT
THE COURT ORDERS THAT the application for security for costs be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) NG 830 of 1996 )
GENERAL DIVISION )
BETWEEN: CA AUSTRALIA PTY LIMITED
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