Asia Television Limited v Yau's Entertainment Pty Limited (ACN 003 584 183) [2005] FCA 1881

FEDERAL COURT OF AUSTRALIA

Asia Television Limited v Yau's Entertainment Pty Limited (ACN 003 584 183) [2005] FCA 1881 PRACTICE AND PROCEDURE – security for costs – where costs are awarded but there is a substantial delay in the provision of a bill of costs – order made returning security for costs

ASIA TELEVISION LIMITED AND ATV ENTERPRISES LIMITED v YAU'S ENTERTAINMENT PTY LIMITED (ACN 003 584 183) AND YAU'S ENTERTAINMENT PTY LIMITED (ACN 003 584 183), ASIA TELEVISION LIMITED, ATV ENTERPRISES LIMITED AND CHINATOWN ENTERTAINMENT (AUSTRALIA) PTY LTD (ACN 073 003 675)

NSD 343 OF 1999

GYLES J

14 DECEMBER 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 343 OF 1999

BETWEEN: ASIA TELEVISION LIMITED

FIRST APPLICANT

ATV ENTERPRISES LIMITED

SECOND APPLICANT

AND: YAU'S ENTERTAINMENT PTY LIMITED (ACN 003 584 183)

RESPONDENT

AND

YAU'S ENTERTAINMENT PTY LIMITED (ACN 003 584 183)

CROSS-CLAIMANT

ASIA TELEVISION LIMITED AND ATV ENTERPRISES LIMITED

FIRST CROSS-RESPONDENTS

CHINATOWN ENTERTAINMENT (AUSTRALIA) PTY LTD (ACN 073 003 675)

SECOND CROSS-RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 14 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The amount of $20,000 in the Litigants' Fund pursuant to order 3 made on 15 June 1999 be returned to the solicitor for the cross-claimant, Yau's Entertainment Pty Limited, after the expiration of seven days from today's date. THE COURT DIRECTS THAT: Notice of the above order be given by the Registry to the solicitor on the record for the second cross-respondent, Chinatown Entertainment (Australia) Pty Ltd. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.