Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Truth About Motorways Pty Ltd (ACN 080 135 191) v Macquarie Infrastructure Investment Management Ltd (ACN 072 609 271) [2000] FCA 1140
TRUTH ABOUT MOTORWAYS PTY LTD (ACN 080 135 191) v MACQUARIE INFRASTRUCTURE INVESTMENT MANAGEMENT LTD (ACN 072 609 271) NG 833 OF 1997 HELY J 16 AUGUST 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 833 OF 1997
BETWEEN: TRUTH ABOUT MOTORWAYS PTY LTD (ACN 080 135 191)
APPLICANT
AND: MACQUARIE INFRASTRUCTURE INVESTMENT MANAGEMENT LTD (ACN 072 609 271)
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 16 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Unless the applicant provides by 4 November 2000 security in the sum of $223,193 for the respondent's costs up to and including the commencement of the hearing in this matter, these proceedings be stayed. 2. The security referred to in Order 1 is to be provided to the Registrar in such form as may be acceptable to the Registrar. The sum so ordered is without prejudice to the respondent's right to seek any further or other sum as it may be advised. 3. The applicant is to pay the respondent's costs of the application for security for costs, being the costs of and incidental to the Amended Notice of Motion dated 17 March 1998 and the Further Amended Notice of Motion of 22 June 1998, but excluding the costs of the respondent's application for summary dismissal under those motions. Those costs are to include the costs of the hearings on and associated with the hearings before Foster J on 2 April 1998, 8 April 1998, 1 July 1998, 18 August 1998 and 19 August 1998, except to the extent to which the costs of any of those days was increased by the inclusion of matter not associated with the security for costs application. 4. The respondent is to pay the applicant's costs of the application for summary dismissal. 5. The matter will be listed for further directions at 9.30 am on 6 November 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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