Lamb v Hog's Breath Company Pty Ltd (No 1) [2007] FCA 49

FEDERAL COURT OF AUSTRALIA

Lamb v Hog's Breath Company Pty Ltd (No 1) [2007] FCA 49

PRACTICE AND PROCEDURE – security – natural person applicant outside jurisdiction - no assets in jurisdiction – limited evidence as to financial position – uncontested estimate as to respondents' costs – security ordered to point of trial – transfer of proceedings – proceedings commenced in Perth Registry – respondents in Queensland but remote from Brisbane – applicant represented by Perth solicitors – respondents represented by Queensland solicitors – balance of convenience – no benefit in transferring proceeding at interlocutory stage – motion to transfer dismissed JOHN CHARLES LAMB v HOG'S BREATH COMPANY PTY LTD ACN 011 054 970, HOG'S BREATH CAFE (AUSTRALIA) PTY LTD ACN 071 132 655, HB INVESTMENTS PTY LIMITED ACN 060 678 328, HOG'S BREATH CLOTHING CO PTY LTD ACN 060 678 355 AND DONALD RICHARD ALGIE WAD300 OF 2006

FRENCH J

30 JANUARY 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD300 OF 2006

BETWEEN: JOHN CHARLES LAMB

Applicant

AND: HOG'S BREATH COMPANY PTY LTD ACN 011 054 970

First Respondent

HOG'S BREATH CAFE (AUSTRALIA) PTY LTD ACN 071 132 655

Second Respondent

HB INVESTMENTS PTY LIMITED ACN 060 678 328

Third Respondent

HOG'S BREATH CLOTHING CO PTY LTD ACN 060 678 355

Fourth Respondent

DONALD RICHARD ALGIE

Fifth Respondent

JUDGE: FRENCH J DATE OF ORDER: 30 JANUARY 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

On the First, Third, Fourth and Fifth Respondents Motion for Security:

1. The applicant is to provide security for the first, third, fourth and fifth respondents' costs of the proceedings up to trial but not including the first day of trial, in the amount of $60,000 to be provided by way of payment into Court or bank guarantee in a form acceptable to the Registrar. 2. The applicant is to provide a security on or before 26 February 2007. 3. If the security is not provided by 26 February 2007the action will thereafter be stayed. 4. There is liberty to apply for further security in the event of the matter proceeding to trial or in the event of changed circumstances justifying such an order. 5. The costs of the motion in relation to the application for security are to be the first, third, fourth and fifth respondents in any event. On the Motion for Transfer: 1. The motion for transfer is dismissed. 2. The parties are at liberty to apply as to the location of the trial and of any interlocutory process prior to trial.