Driwater Inc v Perre [2001] FCA 1264

FEDERAL COURT OF AUSTRALIA

Driwater Inc v Perre [2001] FCA 1264 SECURITY FOR COSTS – application for security for costs against company incorporated in foreign jurisdiction – factors to be considered in assessing whether to make an order for security and in what form and amount. Federal Court of Australia Act 1976 (Cth) s 56 Corporations Law s 1335 DRIWATER INC v DOMINIC PERRE & DRIWATER AUST PTY LTD (ACN 059 811 862) NO WG 148 OF 1998 O'LOUGHLIN J ADELAIDE 15 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY WG 148 OF 1998

BETWEEN: DRIWATER INC

APPLICANT

AND: DOMINIC PERRE

FIRST RESPONDENT

DRIWATER AUST PTY LTD (ACN 059 811 862)

SECOND RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 15 MAY 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The applicant is to place the amount of $25,000 up by way of security for costs in one of the following manners: (a) Cash deposit in court to be held in an interest-bearing deposit to await the outcome of the of the trial; (b) In the form of a bank guarantee acceptable to the respondents or, in the event of a dispute, as fixed by the Court; (c) In such other nature advanced by the applicant found acceptable by the respondent or, in default of agreement, by the Court. 2. The parties are free to address the Court as to the form the security is to take. 3. Pending the granting of that security there will be an order staying the further prosecution of these proceedings. 4. Liberty to apply. 5. The applicant is to pay half of the respondents' costs of and incidental to this application and order. 6. The respondent to have drawn up, entered and sealed the orders of the Court this day with liberty to the parties to speak to the minutes. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.