Massey Trading Pty Ltd v Intoto Pty Ltd [2000] FCA 1380

FEDERAL COURT OF AUSTRALIA

Massey Trading Pty Ltd v Intoto Pty Ltd [2000] FCA 1380

MASSEY TRADING PTY LIMITED, STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE V INTOTO PTY LIMITED, CAPECAST PTY LIMITED, KEIRAN BRIAN O'CONNOR, BRETT DOUGLAS KENYON, BRENDON LUNNEY, MERELYN AKED, PETER KLIMT AND KERRY SIDAWAY

INTOTO PTY LIMITED V GARY LINDSAY STANMORE AND RORY FRANCIS O'BRIEN t/as BAYSIDE BUSINESS BROKERS

CAPECAST PTY LIMITED V STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE

NG 1057 OF 1998

JUDGE: BEAUMONT J

DATE: 6 SEPTEMBER 2000

PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1057 OF 1998

BETWEEN: MASSEY TRADING PTY LIMITED

FIRST APPLICANT

STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE

SECOND APPLICANTS

AND: INTOTO PTY LIMITED

FIRST RESPONDENT

CAPECAST PTY LIMITED

SECOND RESPONDENT

KEIRAN BRIAN O'CONNOR

THIRD RESPONDENT

BRETT DOUGLAS KENYON

FOURTH RESPONDENT

BRENDON LUNNEY

FIFTH RESPONDENT

MERELYN AKED

SIXTH RESPONDENT

PETER KLIMT

SEVENTH RESPONDENT

KERRY SIDAWAY

EIGHTH RESPONDENT

AND BETWEEN: INTOTO PTY LIMITED

FIRST CROSS-CLAIMANT

AND GARY LINDSAY STANMORE AND RORY FRANCIS O'BRIEN t/as BAYSIDE BUSINESS BROKERS

FIRST CROSS-DEFENDANT

AND BETWEEN: CAPECAST PTY LIMITED

SECOND CROSS-CLAIMANT

AND STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE

SECOND CROSS-DEFENDANTS

JUDGE: BEAUMONT J

DATE OF ORDER: 6 SEPTEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Unless on or before 6 October 2000 the applicants provide security for the costs of the respondents incurred to date in the following amounts, in a form satisfactory to a Registrar, order that the principal proceedings be stayed. The amounts of security are as follows: (a) as to the first to fifth respondents inclusive, the sum of $5000; (b) as to the sixth and eighth respondents, the sum of $5000; (c) as to the seventh respondent, the sum of $5000. 2. Reserve liberty to any respondent to apply for security for the costs incurred after today, 6 September 2000. 3. The applicants in the principal proceedings pay the respondents' costs of the motion for security. 4. On the application for security for costs against the first respondent, order that the proceedings on the cross-claim be stayed unless on or before 6 October 2000 the first respondent provides to the first cross-defendant security in the sum of $50,000 in a form satisfactory to a Registrar. 5. The first respondent pay the costs of the first cross-defendant of that application for security, to be taxed forthwith if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.