Cartez Pty Ltd v Bakers Delight [1998] FCA 539

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - interlocutory proceeding- application for security for costs under sub-s. 1335(1) Corporations Law - exercise of judicial discretion - impecuniosity - trustee company - no evidence as to means of beneficiaries - no detail of conduct of respondent complained of - amount of security. Federal Court of Australia Act s 56 Federal Court Rules O28 Corporations Law s 1335 Trade Practices Act 1974 s 52 Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 at 511. Equity Access Ltd v Westpac Banking Corp (1989) 11 ATPR 40-972 Bell Wholesale Co. Ltd v Gates Export Corporation (1984) 2 FCR 1 Avspares Pty Ltd v Skywest Aviation Pty Ltd (1997) 24 ACSR 272 Harpur v Ariadne Australia Ltd (1983) 8 ACLR 835 Aussie Protection Inc & Anor v Hyway Sunvisors (Sales) Pty Ltd (unreported, Federal Court No. 783 of 1987, Gummow J, 23 December 1987)

CARTEZ PTY LTD -v- BAKERS DELIGHT (WA) PTY LTD

wg 119 of 1997

RD FARRELL JR 5 MAY 1998 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 119 of 1997

BETWEEN: CARTEZ PTY LTD

Applicant

AND: BAKERS DELIGHT (WA) PTY LTD

Respondent

court: RD FARRELL jr

DATE OF ORDER: 5 MAY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Within 30 days the applicant provide security for the respondent's costs up to trial in the sum of $30,000 in a form acceptable to the Registrar. 2. If the applicant fails to comply with Order 1 this proceeding be thereupon stayed until such security is provided. 3. The further hearing of the application for security be adjourned, to a date to be fixed, to enable the question of further security to be considered. 4. The applicant pay the respondent's costs of this application for security. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.