Owston Nominees No 2 & Anor v Branir Pty Ltd & Ors [1998] FCA 1798

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE – costs – notice of objection to a Registrar's assessment of a bill of costs – by whom is the taxation fee payable – for whom is the taxation undertaken where one party objects to an assessment of the other party's bill of costs

COSTS – security for an interlocutory costs order

Federal Court of Australia Act 1976 (Cth) s 43

Federal Court Rules 1979 (Cth) O 62 r 46

Federal Court of Australia Regulations Reg 2

Re Stubberfield; Ex Parte Paradise Grove Pty Ltd [1995] 134 ALR 169

OWSTON NOMINEES NO 2 & ANOR v BRANIR PTY LTD & ORS

NG 3184 of 1995

EINFELD J SYDNEY 31 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3184 of 1995

BETWEEN: owston nominees no.2 pty limited

First Applicant

warren perry anderson

Second Applicant

AND: branir pty limited

First Respondent

tovehead pty limited

Second Respondent

aburizal bakrie

Third Respondent

JUDGE: EINFELD J

DATE OF ORDER: 31 August 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Registrar's direction that the applicants pay the Item 12 fee provided in the Schedule to the Federal Court of Australia Regulations for the taxation of costs be set aside.

2. The respondents pay $2000 within 28 days after the provision of the security in Order 3 in satisfaction of the requirement in regulation 2 for a fee for the taxation of costs.

3. The applicants provide security for the costs order of 27 August 1997 in the sum of $100,000 within 28 days either in cash or in another form acceptable to a Registrar. In default a certificate of taxation in the sum of $150,000 plus interest is to issue forthwith.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.