Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd [2001] FCA 1475 CHECKED-OUT PTY LTD v EAGLE EYE INSPECTIONS PTY LTD
N169 OF 1999 EMMETT J 21 SEPTEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 169 OF 1999
BETWEEN: CHECKED-OUT PTY LTD (ACN 071 965 798)
FIRST APPLICANT
PHILIP JULIAN HARDCASTLE
SECOND APPLICANT
AND: EAGLE EYE INSPECTIONS PTY LTD (ACN 084 722 234)
FIRST RESPONDENT
JOSEPH WILLIAMS
SECOND RESPONDENT
WAYNE COOK
THIRD RESPONDENT
TIMOTHY BOLLINS
FOURTH RESPONDENT
DEBORAH JEAN WILLIAMS
FIFTH RESPONDENT
PETER ADAMS T/A PETER ADAMS, SOLICITORS & ATTORNEYS
SIXTH RESPONDENT
KATARINA MUC T/A G.H. HEALEY & CO. BLACKTOWN AND BRUCE McCANN T/A B.E. McCANN & CO., SOLICITORS
SEVENTH RESPONDENT
MARK KELADA T/A MARK KELADA SOLICITORS
EIGHTH RESPONDENT
MICHAEL QUINN T/A QUINNS SOLICITORS
NINTH RESPONDENT
JOHN MICHAEL NOYCE & GREGORY LAURENCE MARTIN T/A NOYCE LAWYERS
TENTH RESPONDENT
HENRY GRECH T/A GRECH PARTNERS SOLICITORS
ELEVENTH RESPONDENT
GREGORY PETER GUY T/A GUY & ASSOCIATES SOLICITORS
TWELTH RESPONDENT JUDGE: EMMETT J
DATE OF ORDER: 21 SEPTEMBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicants provide security for the costs of the respondents by way of a charge over the land known as 45 Hassan Street, Lake Heights, in an amount of $60,000 appropriated as follows: · $10,000 to the first to fifth respondents, · $25,000 to the sixth to eleventh respondents, · $25,000 to the twelfth respondent. 2. The motions filed 12 September 2001 (applicants), 2 August 2001 (1st to 5th respondents), 22 August 2001 (6th to 11th respondents) and 6 August 2001 (12th respondent) be otherwise dismissed. 3. The applicants pay the costs of the notices of motion listed in Order 2, insofar as they relate to security for costs. 4. There be no order as to costs insofar as the motions relate to summary dismissal. 5. The proceeding be stayed until the further security is paid. 6. The matter be stood over for mention on 2 November 2001 at 9.30am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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