Banks Farm Holdings Pty Ltd v Gumrange Pty Ltd [2005] FCA 918

FEDERAL COURT OF AUSTRALIA

Banks Farm Holdings Pty Ltd v Gumrange Pty Ltd [2005] FCA 918 COURTS – practice and procedure – security for costs Costa Vraca Pty Ltd v Bell Regal Pty Ltd [2003] FCA 65 - applied BANKS FARM HOLDINGS PTY LTD (ACN 010 739 983) v GUMRANGE PTY LTD, HAZERA (1939) LIMITED, HAZERA GENETICS LIMITED AND CORALBERRY HOLDINGS PTY LTD (ACN 055 454 816) VID 780 OF 2000 MERKEL J 27 JUNE 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 780 OF 2005

BETWEEN: BANKS FARM HOLDINGS PTY LTD (ACN 010 739 983)

APPLICANT

AND: GUMRANGE PTY LTD

FIRST RESPONDENT

HAZERA (1939) LIMITED

SECOND RESPONDENT

HAZERA GENETICS LIMITED

THIRD RESPONDENT

CORALBERRY HOLDINGS PTY LTD (ACN 055 454 816)

FOURTH RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 27 JUNE 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Within 30 days, the applicant pay into the Court the sum of $15,000 for security for costs or provide a bank guarantee for the payment of those costs in a form acceptable to a Registrar of the Court. 2. The applicant pay to the second and third respondents 50 per cent of their costs of and incidental to the motion filed on 15 April 2005. 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 VID 780 OF 2005

BETWEEN: BANKS FARM HOLDINGS PTY LTD (ACN 010 739 983)

APPLICANT

AND: GUMRANGE PTY LTD

FIRST RESPONDENT

HAZERA (1939) LIMITED

SECOND RESPONDENT

HAZERA GENETICS LIMITED

THIRD RESPONDENT

CORALBERRY HOLDINGS PTY LTD (ACN 055 454 816)