Century Insurance Ltd (in provisional liq) & Ors v The New Zealand Guardian Trust Ltd & Ors The New Zealand Guardian Trust Ltd & Anor v Gunson, David [1997] FCA 1044

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - security for costs - company resident out of the jurisdiction - assets in the jurisdiction by way of shares - reciprocal enforcement of judgments legislation available in home country - potential for inconvenience and delay to Cross-Respondent in recovery of costs order - order for security of costs in part made. Federal Court of Australia Act 1976 Reciprocal Enforcement of Judgments Act 1934 (NZ) CBS Records Australia Ltd v. Telmark Teleproducts (Aust) Pty Ltd (1987) 72 ALR 270 CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION) and EDWARD JOHN BEBBINGTON and DELORES EDNA BEBBINGTON v THE NEW ZEALAND GUARDIAN TRUST LIMITED, NZI INTERNATIONAL TRUSTEE COMPANY LIMITED, DONALD ANDREW DAVIES THE NEW ZEALAND GUARDIAN TRUST LIMITED and NZI INTERNATIONAL TRUSTEE COMPANY LIMITED v DAVID GUNSON WG 81 of 1995 FRENCH J PERTH 27 JUNE 1997

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) GENERAL DIVISION ) WG 81 of 1995 )

BETWEEN: CENTURY INSURANCE LIMITED (IN PROVISIONAL LIQUIDATION)

First Applicant

and

EDWARD JOHN BEBBINGTON and DELORES EDNA BEBBINGTON

Second Applicants

and

THE NEW ZEALAND GUARDIAN TRUST LIMITED

First Respondent

NZI INTERNATIONAL TRUSTEE COMPANY LIMITED

Second Respondent

DONALD ANDREW DAVIES

Third Respondent

and

THE NEW ZEALAND GUARDIAN TRUST LIMITED

First Cross-Claimant

and

NZI INTERNATIONAL TRUSTEE COMPANY LIMITED

Second Cross-Claimant

and

DAVID GUNSON

Cross-Respondent

JUDGE: FRENCH J PLACE: PERTH DATED: 27 JUNE 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The Cross-Claimants do within twenty one days provide security for costs of the Cross-Respondent in the sum of $50,000 by way of bank guarantee to the satisfaction of the Registrar or as otherwise agreed between the Cross-Claimants and the Cross-Respondent. 2. The proceedings in the cross-claim be stayed if the security has not been provided at the expiry of twenty one days. 3. Liberty to apply to vary the terms of the order. 4. The costs of the motion will be in the cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.