Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
January Force Pty Ltd v Tricon Restaurants Australia Pty Ltd [1999] FCA 1746 COSTS – security for costs – effect of order for security for costs on applicants – delay in seeking security for costs – hearing not imminent – conduct of respondents as cause of applicants' impecuniosity – would security frustrate litigation – no evidence of directors' or shareholders' means. Federal Court of Australia Act 1976 (Cth): s 56 Federal Court Rules: O 28 r3 Corporations Law: s 1335 Sir Lindsay Parkinson and Co v Triplan Limited [1973] QB 609 cited Crypta Fuels Pty Ltd v Svelte Corporation Pty Ltd (1995) 19 ACSR 68 cited Buckley v Bennell Design and Constructions Pty Limited (1974) 1 ACLR 301 cited James v Australia and New Zealand Banking Group Ltd (No 1) (1985) 9 FCR 442 cited Devenish v Jewel Food Stores Pty Ltd (1990) 94 ALR 664 cited Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 cited P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 cited
JANUARY FORCE PTY LTD & ORS v TRICON RESTAURANTS AUSTRALIA PTY LTD & ANOR VG 202 of 1998 GOLDBERG J 15 DECEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 202 of 1998
BETWEEN: JANUARY FORCE PTY LTD
(ACN 007 265 406)
First Applicant
LIMNET PTY LTD
(ACN 006 647 392)
Second Applicant
DALLAS DOWNS PTY LTD
(ACN 050 026 581)
Third Applicant
AND: TRICON RESTAURANTS AUSTRALIA PTY LTD
(ACN 000 674 993)
First Respondent
JARDINE FOOD SERVICES (VIC) PTY LTD
(ACN 007 116 556)
Second Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 15 DECEMBER 1999
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