MindShare Communications Ltd v Orleans Investments Pty Ltd [2000] FCA 521

FEDERAL COURT OF AUSTRALIA MindShare Communications Ltd v Orleans Investments Pty Ltd [2000] FCA 521 PRACTICE & PROCEDURE – application for increased security for undertaking as to damages – limitation on any damages awarded pursuant to undertaking to those caused by interlocutory relief itself – significance for quantum of security of ability to register and enforce any judgment for damages based on undertaking in applicant's home country – registration and enforcement of Federal Court of Australia money judgment in Hong Kong Special Administrative Region of People's Republic of China. Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1979) 146 CLR 249, discussed Barton v Minister for Foreign Affairs (1984) 2 FCR 463, discussed DS Parklane Developments Pty Ltd v Korea First Finance Ltd (SCNSW: Santow J, unreported, 20 August 1997), discussed

Foreign Judgments Regulations 1992 (Cth), reg 3, Schedule, item 13 Foreign Judgments Act 1991 (Cth), Pt 2, ss 5(1), 7(3)(a)(ii) Statutory Rule 1997 No 205 (Cth) Statutory Rule 1995 No 35 (Cth) Foreign Judgments (Reciprocal Enforcement) Ordinance (HK), ss 3(1), 6(2)(ii) Foreign Judgments (Reciprocal Enforcement) Order (HK), pars 2 & 4, Sch 1, Pt 1 Evidence Act 1995 (Cth), s 174 MINDSHARE COMMUNICATIONS LTD v ORLEANS INVESTMENTS PTY LTD (ACN 073 384 906) trading as THE ORLEANS MEDIA CONSULTANCY and WAYNE GREGORY ECKETT N 1437 of 1999 KATZ J 20 APRIL 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1437 of 1999

BETWEEN: MINDSHARE COMMUNICATIONS LIMITED

APPLICANT

AND: ORLEANS INVESTMENTS PTY LIMITED

(ACN 073 384 906) trading as

THE ORLEANS MEDIA CONSULTANCY

FIRST RESPONDENT

WAYNE GREGORY ECKETT

SECOND RESPONDENT