Cahalan, Adrienne v Dalman Nominees Pty Ltd [1997] FCA 641

FEDERAL COURT OF AUSTRALIA

COSTS - application by cross-defendant for security for costs - where cross-claimant unable to provide security - where director of cross-claimant prepared to assume personal liability for a costs order - whether appropriate to order that assets of director be charged to secure personal liability. Federal Court of Australia Act 1976 (Cth), s 56 Corporations Law, s 1335 Equity Access Ltd v Westpac Banking Corporation (1989) ATPR ¶40-972, cited

Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1, cited

Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1986) 13 FCR 46, cited

Pearson v Naydler [1977] 1 WLR 899, cited

KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 13 ACLC 437, applied

Harpur v Ariadne Australia Ltd [1984] 2 Qd 523, cited

ADRIENNE CAHALAN - v -

DALMAN NOMINEES PTY LIMITED

No NG 27 of 1997

TAMBERLIN J

SYDNEY

21 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 27 of 1997 ) GENERAL DIVISION )

IN ADMIRALTY )

)

BETWEEN: ADRIENNE CAHALAN

Plaintiff/Cross Defendant

AND: DALMAN NOMINEES PTY LIMITED

Defendant/Cross Claimant

JUDGE: TAMBERLIN J PLACE: SYDNEY DATED: 21 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. Security for costs be provided in an amount and form to be determined by the Court.

2. The cross-defendant pay the costs of this application. 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 27 of 1997 ) GENERAL DIVISION )