Seventy Fourth Wreath Pty Ltd v Wilbow Corporation Pty Ltd & Anor [1998] FCA 1148

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – application for security for costs by respondent – exercise of judicial discretion - significance of applicant's status as a $2 trustee company where beneficiaries of the trust have not been identified and those who stand behind the applicant have made no undertaking to meet the respondents' costs – receipt of written submissions after the hearing where no order for their filing.

Trade Practices Act 1974 (Cth) ss 52, 53A, 59(2), 82 and 87 Corporations Law (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56

Sun World International, Inc. v Registrar, Plant Breeder's Rights and Murray Valley Table Grape Growers Council, 8 December 1997, Marshall J (unreported), applied

Merribee Pastoral Industries Pty Ltd and Ors v Australia and New Zealand Banking Group Ltd (1998) 155 ALR 1, followed

Rabel v Whitehorse City Council, 4 July 1997, North J, (unreported) referred to

Devenish v Jewel Food Stores Pty Ltd (1990) 64 ALJR 533, referred to

Reches Pty Limited v Tadiran Limited, 11 June 1998, Lehane J, (unreported) referred to Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 52 ALR 176, followed

Letore Pty Limited v Associated International Finance Pty Limited, McDonald J, Supreme Court of Victoria, 28 May 1993, (unreported), referred to

Carr v Finance Corporation of Australia (1981) 147 CLR 246, followed

SEVENTY FOURTH WREATH PTY LTD (ACN 006 039 210) v WILBOW CORPORATION PTY LTD (ACN 005 867 596) & GARY BUSHBY

VG 242 of 1998

MARSHALL J

MELBOURNE

15 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 242 of 1998

BETWEEN: SEVENTY FOURTH WREATH PTY LTD (ACN 006 039 210)

Applicant

AND: WILBOW CORPORATION PTY LTD (ACN 005 867 596)

FIRST RESPONDENT

GARY BUSHBY