Australian Building Industries Ltd (In Liq) v Stramit Corp Ltd [2000] FCA 455

FEDERAL COURT OF AUSTRALIA

Australian Building Industries Pty Ltd (In Liq) v Stramit Corp Ltd

[2000] FCA 455

PRACTICE AND PROCEDURE - security for costs - whether the appointment of a liquidator bars an order for security for costs. Federal Court of Australia Act 1976 (Cth) s 56 Corporations Law s 1335

Re Pavelic Investments Pty Ltd (1983) 8 ACLR 417 Dist Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120 Foll Brookfield v Davey Products Pty Ltd [1994] FCA 191 Cited Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Cited Sent v Jet Corporation of Australia Pty Ltd (1984) 2 FCR 201 Cited Cherry v Read [1996] FCA 1197 Cited AUSTRALIAN BUILDING INDUSTRIES PTY LTD (IN LIQUIDATION) ACN 009 340 952 v STRAMIT CORPORATION LTD ACN 005 010 195 AND DAVID THOMSON QG 70 OF 1997 COOPER J BRISBANE 11 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 70 OF 1997

BETWEEN: AUSTRALIAN BUILDING INDUSTRIES PTY LTD

(IN LIQUIDATION) ACN 009 340 952

APPLICANT

AND: STRAMIT CORPORATION LIMITED

ACN 005 010 195

FIRST RESPONDENT

DAVID THOMSON

SECOND RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 11 APRIL 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The applicant provide security for costs in the sum of $34,000 in respect of both respondents by way of payment into Court or by way of bank guarantee or in such other form as approved by the District Registrar and that such security be provided on or before 31 May 2000. 2. Liberty be reserved to the respondents to apply thereafter for dismissal of the proceedings if the security is not provided. 3. The applicant pay the respondents' costs of and incidental to the application for security for costs to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.