Aironic Pty Limited v Cleanair (NSW) Pty Limited [2003] FCA 1126

FEDERAL COURT OF AUSTRALIA

Aironic Pty Limited v Cleanair (NSW) Pty Limited [2003] FCA 1126

PRACTICE AND PROCEDURE – application for dismissal – where no case pleaded against some of the respondents – where individual respondents only involvement with actionable conduct was relationship of director/shareholder/employee of corporate respondents PRACTICE AND PROCEDURE – security for costs – whether applicant should provide security for respondents' costs – where applicant previously under external administration – where applicant has delayed in bringing action for final relief – where evidence suggests applicant would be unable to meet respondents' costs in the event of the action being unsuccessful Circuit Layouts Act 1989 (Cth) s 27 Copyright Act 1968 (Cth) s 115 Designs Act 1906 (Cth) s 30 Milpurrurru v Indofurn Pty Ltd (1994)54 FCR 240 cited Microsoft Corporation v Uschina Polaris Pty Ltd (1996) 71 FCR 231 cited Allan Manufacturing Co Pty Ltd v McCallum & Co Pty Limited (2001) 63 IPR 400 cited AIRONIC PTY LIMITED v CLEANAIR (NSW) PTY LIMITED & ORS NG 773 OF 1996 HELY J 20 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 773 OF 1996

BETWEEN: AIRONIC PTY LIMITED

(ACN 002 594 274)

APPLICANT

AND: CLEANAIR (NSW) PTY LIMITED

(ACN 062 159 184)

FIRST RESPONDENT

ALFRED PAUL VELLA

SECOND RESPONDENT

CLEANAIR AIR PURIFIERS AUST PTY LIMITED

(ACN 078 198 919)

THIRD RESPONDENT

J & J VELLA PTY LIMITED

(FORMERLY CLEANAIR SERVICES (AUST) PTY LIMITED)

(ACN 077 772 475)

FOURTH RESPONDENT

JASON SCOTT VELLA

FIFTH RESPONDENT