Bates, Michael John v Omareef Pty Ltd & Ors [1998] FCA 536

FEDERAL COURT OF AUSTRALIA

PRACTICE & PROCEDURE – application by respondents to an appeal for security for costs where appellant is an individual – whether a presumption that security for costs will be ordered – desirable that claims of bias or apparent bias be ventilated and not stultified by an order for security – application for security dismissed. Federal Court of Australia Act 1976 – s 56 Federal Court Rules – Order 52, r 20

Equity Access Limited v Westpac Banking Corporation (1989) ATPR ¶40-972 – distinguished Cowell v Taylor (1885) 31 Ch D 34 – cited Fletcher v Federal Commissioner of Taxation (1992) 23 ATR 555 – cited Paton v Campbell Capital Limited (unreported, Burchett J, 1 July 1993) – cited Cummings v Lewis (unreported, Beaumont J, 4 December 1991) – considered

MICHAEL JOHN BATES v OMAREEF PTY LTD & ORS

NG 917 of 1997

HILL J

SYDNEY

4 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 917 of 1997

BETWEEN: michael john bates

Trading as Riot Wetsuits

Appellant

AND: omareef pty ltd (acn 004 010 806)

Trading as Quiksilver Wetsuits

First Respondent

QUIKSILVER GARMENTS PTY LIMITED (ACN 005 575 548)

Second Respondent

JOHN ERIC HOWITT

Third Respondent

BRUCE ERNEST RAYMOND

Fourth Respondent

THOMAS VICTOR CARROLL

Fifth Respondent

RODERICK ANTHONY BROOKS

Sixth Respondent

alistair (also known as Zoc) zorica

Seventh Respondent

bruce andrew edwards

Eighth Respondent

JUDGE: HILL J

DATE OF ORDER: 4 MAY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Notice of Motion of the Respondents that an order be made that the Appellant provide security for the costs of the appeal be dismissed. 2. The Respondents to pay the Appellant's costs of the Notice of Motion. 3. Any amendment to the Notice of Appeal be filed and served on or before 18 May 1998. 4. The Appellant and a representative of the Respondents attend upon a Registrar of the Court this afternoon for the purpose of settling the appeal index.