Barry v City West Water Ltd [2000] FCA 553

FEDERAL COURT OF AUSTRALIA

Barry v City West Water Ltd [2000] FCA 553

PRACTICE AND PROCEDURE – security for costs – whether reason to believe a corporate applicant unable to pay costs of successful respondent – corporate and natural applicants – undertaking by natural applicant to pay costs awarded against corporate applicant

Corporations Law, s 1335(1) Federal Court of Australia Act 1976, s 56

Ariss v Express Interiors Pty Ltd (in liq) [1996] 2 VR 507 followed Epping Plaza Fresh Fruit and Vegetables Pty Ltd v Bevendale Pty Ltd [1999] 2 VR 191 followed Stack v Brisbane City Council (1996) 71 FCR 523 distinguished KEVIN FRANCIS PATRICK BARRY & ANOR v CITY WEST WATER LIMITED (ACN 066 902 467) & ANOR V 569 of 1999 KENNY J MELBOURNE 1 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 569 OF 1999

BETWEEN: KEVIN FRANCIS PATRICK BARRY

First Applicant

STREAMLINE DRAINS & PIPELINES PTY LIMITED

(ACN 059 665 539)

Second Applicant

AND: CITY WEST WATER LIMITED (ACN 066 902 467)

First Respondent

BRAMBLES AUSTRALIA LIMITED (ACN 000 164 938)

Second Respondent

JUDGE: KENNY J

DATE OF ORDER: 1 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion, notice of which is dated 27 January 2000, be dismissed. 2. The first respondent pay the second applicant's costs of and incidental to the motion, including the costs incurred on 28 March 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 569 OF 1999

BETWEEN: KEVIN FRANCIS PATRICK BARRY

First Applicant

STREAMLINE DRAINS & PIPELINES PTY LIMITED

(ACN 059 665 539)