Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Horizon World Plus TV Pty Ltd v GlobeCast Australia Pty Ltd
[2006] FCA 1472
PROCEDURE – security for costs – discretion to order security for costs – transfer of applicant's assets – impecuniosity – security for costs ordered Corporations Act 2001 (Cth) s 1335(1) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28 rr3, 5 Carey-Hazell v Getz Bros and Co (Aust) Pty Ltd [2004] FCA 1334 referred to Cowell v Taylor (1885) 31 Ch D 34 referred to KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 referred to Pearson v Naydler [1977] 1 WLR 899 referred to Rosenfield Nominees v Bain & Co (1988) 14 ACLR 467 referred to HORIZON WORLD PLUS TV PTY LTD v GLOBECAST AUSTRALIA PTY LTD AND PANAMSAT ASIA PTY LTD NSD1068 OF 2006
STONE J
9 november 2006
BRIsBANE(HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1068 OF 2006
BETWEEN: HORIZON WORLD PLUS TV PTY LTD
Applicant
AND: GLOBECAST AUSTRALIA PTY LTD
First Respondent
PANAMSAT ASIA PTY LTD
Second Respondent
JUDGE: STONE J
DATE OF ORDER: 9 NOVEMBER 2006
WHERE MADE: brisbane (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
1. The respondents submit short minutes of order providing for security in a form consistent with these reasons or in a form otherwise agreed between the parties, on or before 17 November 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1068 OF 2006
BETWEEN: HORIZON WORLD PLUS TV PTY LTD
Applicant
AND: GLOBECAST AUSTRALIA PTY LTD
First Respondent
PANAMSAT ASIA PTY LTD
Second Respondent
JUDGE: STONE J
DATE: 9 NOVEMBER 2006
PLACE: brisbane(HEARD IN SYDNEY)
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