Meni's Tailoring & Alterations Pty Limited v Jeanswest Corporation Pty Ltd [2003] FCA 1108

FEDERAL COURT OF AUSTRALIA

Meni's Tailoring & Alterations Pty Limited v Jeanswest Corporation Pty Ltd [2003] FCA 1108

COURTS – practice and procedure – security for costs – whether security should be ordered

Corporations Act 2001 (Cth) s 1335 Federal Court Rules 1979 (Cth) O 28

Beach Petroleum NL v Johnson (1992) 7 ACSR 203 - applied MENI'S TAILORING AND ALTERATIONS PTY LIMITED AND GETZNER TEXTIL AG v JEANSWEST CORPORATION PTY LTD V364 OF 2003 MERKEL J 3 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 364 OF 2003

BETWEEN: MENI'S TAILORING AND ALTERATIONS PTY LIMITED (ACN 005 428 008)

FIRST APPLICANT

GETZNER TEXTIL AG

SECOND APPLICANT

AND: JEANSWEST CORPORATION PTY LTD (ACN 007 305 839)

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 3 OCTOBER 2003

WHERE MADE: MELBOURNE

UPON the first applicant by its counsel undertaking to the Court that, in the event that the second applicant is ordered to pay the costs of the respondent to the proceeding, the first applicant will meet the liability of the second applicant in respect of those costs THE COURT ORDERS: 1. The first applicant pay security of costs in the sum of $20,000 to be provided by way of a bank guarantee in a form accepted by a Registrar of the Court within 21 days of this date. 2. The costs of and incidental to the security for costs application be costs in the cause. 3. Reserve liberty to apply.

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 364 OF 2003

BETWEEN: MENI'S TAILORING AND ALTERATIONS PTY LIMITED (ACN 005 428 008)

FIRST APPLICANT

GETZNER TEXTIL AG