Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1260

FEDERAL COURT OF AUSTRALIA Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1260 SECURITY FOR COSTS – application for order for security for costs on application for leave to file and serve out of time – no evidence to explain lengthy delay. Federal Court Rules, O 35 r 7, O 62 r 11

Maxims Entertainment Pty LTd v Chinatown Enterprises Pty LTd NG 918 of 1995 KATZ J 5 SEPTEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 918 of 1995

BETWEEN: MAXIMS ENTERTAINMENT PTY LTD

First Applicant

LONG SHONG PICTURES (HK) LTD

Second Applicant

PRO-VISION ENTERTAINMENT LTD

Third Applicant

POWER WORLD PRODUCTION LTD

Fourth Applicant

RISING SUN PICTURES LIMITED

Fifth Applicant

AND: CHINATOWN ENTERPRISES PTY LTD

First Respondent

MANDARIN FILMS (AUSTRALIA) PTY LTD

Second Respondent

WING CHEUNG

Third Respondent

THO VINH HUYNH

Fourth Respondent JUDGE: KATZ J

DATE OF ORDER: 5 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Security for costs in the amount of $1850 be paid into Court by the third respondent within a period of seven days from today as a condition of his ability to proceed with his present application. In default of that payment being made, the third respondent's application of 29 June 2000 will automatically stand dismissed.

2. The third respondent pay the applicants' costs of the application for security for costs in the amount of $1850. In default of that payment being made, the third respondent's application of 29 June 2000 will automatically stand dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.