Costa Vraca v Bell Regal Pty Ltd [2003] FCA 65

FEDERAL COURT OF AUSTRALIA Costa Vraca v Bell Regal Pty Ltd [2003] FCA 65 TRADE PRACTICES – claims for loss and damage by tomato growers in Australia against an Israeli producer of infected tomato seeds – the producer supplied the seeds in a sealed package for resale by its exclusive distributor in Australia – leave to serve the originating process out of the jurisdiction – whether certain statements made on the package and by the producer to its exclusive distributor in Australia constitute conduct by the producer in Australia – whether the Australian tomato growers have a prima facie case for the relief they claim against the producer

COURTS – Practice and procedure – security for costs – whether security should be ordered in circumstances where those standing behind an applicant will benefit from the litigation but are not prepared to bear any risks as to the applicant's costs of the litigation. Trade Practices Act 1974 (Cth) ss 5(1), 52 and 86 Federal Court Rules 1979 (Cth) O 8 r 2(2), O 28 r 3(1)(b) Foreign States Immunity Act 1985 (Cth) ss 9, 11(1) and 13 Federal Court of Australia Act 1976 (Cth) s 56 Corporations Act 2001 (Cth) s 1335(1) Cell Tech Communications Pty Ltd v Nokia Mobile Phones (UK) Ltd (1995) 58 FCR 365 - applied Bray v F Hoffman-La Roche Ltd (2002) 190 ALR 1 - applied Handbury v Nolan (1977) 13 ALR 339 - cited Costa Vraca Pty Ltd v Berrigan Weed & Pest Control Pty Ltd (1998) 155 ALR 714 - cited Dovuro Pty Ltd v Wilkins (2000) 105 FCR 476 - cited Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54 - cited Woods v Multi-Sport Holdings Pty Ltd (2002) 186 ALR 145 - cited Donoghue v Stevenson [1932] AC 562 - cited The Council of the Shire of Wyong v Shirt (1980) 146 CLR 40 - applied Schellenberg v Tunnel Holdings Pty Limited (2000) 200 CLR 121 - cited Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 - cited Henry v Henry (1996) 185 CLR 571 - cited Beach Petroleum NL v Johnson (1992) 10 ACLC 525 - cited MHG Plastic Industries Pty Ltd v Quality Assurance Services Pty Limited [2002] FCA 821 - cited Rosenfield Nominees Pty Ltd v Bain & Co (1988) 14 ACLR 467 - cited Acohs Pty Ltd v Merck Ltd [1997] FCA 573 - considered Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 - cited Bryan E Fencott Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 - cited Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) ATPR 40-584 - cited