Neat v AWB Limited [2001] FCA 496

FEDERAL COURT OF AUSTRALIA

Neat v AWB Limited [2001] FCA 496 SECURITY FOR COSTS – costs of appeal to Full Court notice of appeal served on Respondents on 2 February 2001 – Appeal to be heard on 21-22 May 2001 – application for security not made until 9 April 2001 when hearing date for appeal already fixed.

Federal Court Rules O 35 R 6

Mark Foys Pty Ltd v TVSN (Pacific) Limited [2000] FCA 1419 referred to Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 referred to Weist v The Director of Public Prosecutions (Gummow J, 5 September 1988, unreported) referred to Bates v Omareef Pty Limited (Hill J, 4 May 1988, unreported) referred to Yates Property Corp Pty Limited v Boland (Davies J, 8 October 1997, unreported) referred to NEAT DOMESTIC TRADING PTY LIMITED v AWB LIMITED & AWB (INTERNATIONAL) LIMITED No N 0084 of 2001 CONTI J 27 APRIL 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 0084 OF 2001

BETWEEN: NEAT DOMESTIC TRADING PTY LIMITED

APPLICANT

AND: AWB LIMITED (ACN 081 890 459)

FIRST RESPONDENT

AWB (INTERNATIONAL) LIMITED (ACN 081 890 413)

SECOND RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 27 APRIL 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application for Order for Security of Respondents' costs in relation to the Applicant's appeal to the Full Federal Court be dismissed. 2. There be no order as to costs of the Application for Security. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 0084 OF 2001

BETWEEN: NEAT DOMESTIC TRADING PTY LIMITED

APPLICANT

AND: AWB LIMITED (ACN 081 890 459)

FIRST RESPONDENT