Truth about Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1603

FEDERAL COURT OF AUSTRALIA

Truth about Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1603

PRACTICE AND PROCEDURE – notice of motion to set aside or vary orders made for security for costs – interlocutory order will only be set aside if there has been a material change of circumstances since the original application was heard – notice of motion dismissed

PRACTICE AND PROCEDURE – failure to comply with order to provide security for costs – application dismissed

Federal Court of Australia Act 1976 (Cth) s 56(3) Trade Practices Act 1974 (Cth) s 51A Federal Court Rules Order 28 rule 5(2), (3), Order 30 rule 5

Brimaud v Honeysett Instant Print Pty Ltd, (1998) 6 ACLC 942 applied Darling Harbourside (Sydney) Pty Ltd v Sanirise Pty Ltd (unreported, Beaumont, Carr, Sackville JJ, 17 May 1996) referred to

TRUTH ABOUT MOTORWAYS PTY LIMITED v MACQUARIE INFRASTRUCTURE INVESTMENT MANAGEMENT LIMITED

NG 833 OF 1997

HELY J

16 NOVEMBER 2001

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 833 OF 1997

BETWEEN: TRUTH ABOUT MOTORWAYS PTY LIMITED

APPLICANT

AND: MACQUARIE INFRASTRUCTURE INVESTMENT MANAGEMENT LIMITED

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 16 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion to set aside or vary the orders for security for costs made on 10 July and 16 August 2000 be dismissed. 2. The respondent's motion for dismissal of the proceedings be granted. 3. The proceedings be dismissed on the ground that the applicant has failed to provide the security for costs ordered to be provided by the order made on 16 August 2000 within the time limit imposed by that order, or at all.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.