Wesoky v Village Cinemas International Pty Ltd [1999] FCA 1386

FEDERAL COURT OF AUSTRALIA

Wesoky v Village Cinemas International Pty Ltd [1999] FCA 1386 CHARLES J WESOKY & ANOR V VILLAGE CINEMAS INTERNATIONAL PTY LTD N 816 OF 1999 MATHEWS J SYDNEY 30 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 816 OF 1999

BETWEEN: CHARLES J WESOKY

First Applicant

ICFC, LLC

Second Applicant

AND: VILLAGE CINEMAS INTERNATIONAL PTY LTD

Respondent

JUDGE: MATHEWS J

DATE OF ORDER: 30 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding be transferred to the Victorian Registry of this court; 2. The matters raised in the applicants' notice of motion dated 16 September 1999 be stood over to be dealt with by the docket judge in Melbourne; 3. The further conduct of these proceedings be stayed unless the applicants provide, within 14 days, to the satisfaction of the Registrar of the Court, security for the respondent's costs in these proceedings in the sum of $10,000; 4. The respondent seek any particulars of the applicants' statement of claim on or before the close of business on 8 October 1999; 5. The applicants furnish such particulars on or before 15 October 1999; 6. The respondent's defence be filed and served within two weeks after receipt of the particulars as sought; 7. The costs of today be reserved, with the exception of the respondent's costs referable to the transfer of the proceedings, which are to be paid by the applicants. 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 N 816 OF 1999

BETWEEN: CHARLES J WESOKY

First Applicant

ICFC, LLC

Second Applicant