First Lighting Flagstaff Pty Ltd v Vossloh-Schwabe Australia Pty Ltd [2000] FCA 1196

FEDERAL COURT OF AUSTRALIA

First Lighting Flagstaff Pty Ltd v Vossloh-Schwabe Australia Pty Ltd [2000] FCA 1196 PRACTICE AND PROCEDURE – Security for costs – applicant is Trustee – no evidence of means of beneficiaries – exercise of discretion – whether security would frustrate litigation – assessment of quantum. Federal Court of Australia Act 1976 (Cth): s 56 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 applied Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40‑972 applied World Class Alpacas Pty Ltd v Ostrich Farms (Cook Islands) Ltd [1997] FCA 1193 followed FIRST LIGHTING FLAGSTAFF PTY LTD v VOSSLOH-SCHWABE AUSTRALIA PTY LTD & ANOR V 360 of 2000 GOLDBERG J 25 AUGUST 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 360 of 2000

BETWEEN: FIRST LIGHTING FLAGSTAFF PTY LTD

(ACN 055 761 316)

Applicant

AND: VOSSLOH-SCHWABE AUSTRALIA PTY LTD

(ACN 003 835 229)

First Respondent

ASSOCIATED LIGHTING DISTRIBUTORS PTY LTD

(ACN 085 551 695)

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 25 AUGUST 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant provide security for the costs of the respondents up to the commencement of the final hearing of the proceeding: (a) in the sum of $70,000 in respect of the first respondent; (b) in the sum of $50,000 in respect of the second respondent; to the satisfaction of the District Registrar of the Court. 2. Such security is to be provided by 25 September 2000 and in default of the provision of such security the application of the applicant be stayed until further order in respect of such respondent for whose costs security has not been provided in accordance with this order. 3. The applicant pay forthwith the respondents' costs of and incidental to the motions filed 29 June 2000 and 12 July 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules