Sterileair Pty Ltd v George Ralph Papallo [1998] FCA 665

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3148 of 1996

BETWEEN: STERILEAIR PTY LIMITED

Applicant

AND: GEORGE RALPH PAPALLO

BETWEEN: first respondent

and: CATHERINE ANNE PAPALLO

second Respondent

george ralph papallo

first cross-claimant

catherine anne papallo

second cross-claimant

sterileair pty limited

cross-respondent

JUDGE: LEHANE J

DATE OF ORDER: 20 may 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Conditionally upon the applicant providing security in a form and in an amount (subject to order 2) to be determined, failing agreement between the parties, by the Court, for the judgment debt and for the respondents' costs of the appeal, orders 2 and 3 made on 5 May 1998 are stayed until the final determination of appeal proceedings NG 278 of 1998. 2. The amount of the security is to be calculated as a reasonable estimate of the costs of the respondents, calculated on the indemnity basis (a) in relation to the present application for a stay of proceedings and (b) in relation to the applicant's appeal from the orders of the Court made on 5 May 1998. 3. The stay is to take effect on and from the time when the security referred to in orders 1 and 2 is provided. 4. The parties have liberty to apply on one day's notice. 5. The costs of the motion are to be costs in the appeal. 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 3148 of 1996

BETWEEN: STERILEAIR PTY LIMITED

Applicant

AND: GEORGE RALPH PAPALLO

between: FIRST RESPONDENT

AND: CATHERINE ANNE PAPALLO