Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Les Tissus Marey S A v Lisa Ho Retail Pty Ltd [2006] FCA 1121
PRACTICE AND PROCEDURE – application for security for costs – applicant a company incorporated in France – amount of security for costs only issue in dispute LES TISSUS MAREY S A v LISA HO RETAIL PTY LTD (ACN 054 467 471), LISA HO DESIGNS PTY LTD (ACN 054 467 471), WISH DESIGNS PTY LTD (ACN 089 172 332), SMOUHA FABRICS PTY LTD (ACN 000 447 969), JOHN KALDOR FABRICS PTY LTD (ACN 000 742 397), JOHN WILLIAM KALDOR, PETER ANDREW KALDOR, MICHAEL THOMAS KALDOR AND BETTINA ANN KALDOR VID 1301 OF 2005
WEINBERG J
23 August 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1301 OF 2005
BETWEEN: LES TISSUS MAREY S A
Applicant
AND: LISA HO RETAIL PTY LTD (ACN 054 467 471)
Second Respondent
LISA HO DESIGNS PTY LTD (ACN 054 467 471)
Third Respondent
WISH DESIGNS PTY LTD (ACN 089 172 332)
Fourth Respondent
SMOUHA FABRICS PTY LTD (ACN 000 447 969)
Fifth Respondent
JOHN KALDOR FABRICS PTY LTD (ACN 000 742 397)
Sixth Respondent
JOHN WILLIAM KALDOR
Eighth Respondent
PETER ANDREW KALDOR
Ninth Respondent
MICHAEL THOMAS KALDOR
Tenth Respondent
BETTINA ANN KALDOR
Eleventh Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 23 AUGUST 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Issues of liability be determined separately from issues of quantum. 2. The applicant provide security for the costs of the second and third respondents in the amount of $70,000 and in a form acceptable to the District Registrar. 3. The applicant provide security for the costs of the fifth respondent in the amount of $100,000 and in a form acceptable to the District Registrar. 4. The proceedings be stayed until such time as the applicant complies with orders 2 and 3. 5. The proceeding be referred to mediation by a Registrar to be nominated by the District Registrar. 6. The mediation be held on or before 6 October 2006. 7. The proceeding be adjourned to a further directions hearing on 13 October 2006 at 9:30am. 8. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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