Kurniadi v Loh [2002] FCA 723

FEDERAL COURT OF AUSTRALIA

Kurniadi v Loh [2002] FCA 723

HERMAN KURNIADI v SIMON THUANG CHYE LOH, ROBERT ASHMAN

STEPHEN WILLIAM MARSHALL and NEIL HENRY POLLARD

N1190 of 2001

IWAN SALIM v SIMON THUANG CHYE LOH, ROBERT ASHMAN

STEPHEN WILLIAM MARSHALL and NEIL HENRY POLLARD

N1191 of 2001

CARR J

21 MAY 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY N1190 OF 2001

BETWEEN: HERMAN KURNIADI

Applicant

AND: SIMON THUANG CHYE LOH

First Respondent

ROBERT ASHMAN

Second Respondent

STEPHEN WILLIAM MARSHALL

Third Respondent

NEIL HENRY POLLARD

Fourth Respondent

JUDGE: CARR J

DATE OF ORDER: 21 MAY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant shall within 21 days of this order pay into Court the sum of $20,000 as security for the costs of the first, third and fourth respondents to the point of time when the parties have given discovery and have had inspection of their respective documents. By way of clarification, that amount is intended to secure costs of other interlocutory steps to that point, including a portion of preparation of the defences and getting up case for hearing. 2. In the event that the applicant does not make payment in accordance with paragraph 1 of this order all further proceedings (other than any orders which may be made by the Court of its own motion) be stayed. 3. The first, third and fourth respondents have liberty to apply for further security during the course of the proceedings and this motion is stood over for that purpose.

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

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY N1191 OF 2001