Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Institute for Truth Verification v Computer Voice Stress Analyser Pty Ltd [2007] FCA 736
PRACTICE AND PROCEDURE – security for costs – foreign corporation – no evidence of assets in jurisdiction – application for security for costs – delay in bringing application – no unfair prejudice – protracted mediation – security for costs awarded Trade Practices Act 1974 (Cth) s 52(1) Federal Court of Australia Act 1976 (Cth) NATIONAL INSTITUTE FOR TRUTH VERIFICATION v COMPUTER VOICE STRESS ANALYSER PTY LTD (ACN 091 710 842), INTERNATIONAL TRUTH VERIFICATION SYSTEMS PTY LTD (ACN 092 923 610), METRO SECURITY SERVICES PTY LTD (ACN 091 710 833), RYAN WORLDWIDE PRODUCTIONS PTY LTD (ACN 103 762 796), SECUREFORCE INTERNATIONAL PTY LTD (ACN 009 266 675) AND JOHN WAYNE RYAN WAD 231 OF 2005
FRENCH J
15 MAY 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 231 OF 2005
BETWEEN: NATIONAL INSTITUTE FOR TRUTH VERIFICATION
Applicant
AND: COMPUTER VOICE STRESS ANALYSER PTY LTD
(ACN 091 710 842)
First Respondent
INTERNATIONAL TRUTH VERIFICATION SYSTEMS PTY LTD (ACN 092 923 610)
Second Respondent
METRO SECURITY SERVICES PTY LTD (ACN 091 710 833)
Third Respondent
RYAN WORLDWIDE PRODUCTIONS PTY LTD
(ACN 103 762 796)
Fourth Respondent
SECUREFORCE INTERNATIONAL PTY LTD (ACN 009 266 675)
Fifth Respondent
JOHN WAYNE RYAN
Sixth Respondent
JUDGE: FRENCH J
DATE OF ORDER: 15 MAY 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The applicant do on or before 12 June 2007 provide security for the respondents' costs of the proceedings in the sum of $80,0000 by way of a bank guarantee to be lodged with the Court in a form acceptable to the Registrar or in such other form as may be agreed between the parties. 2. In the event that the security is not provided by 12 June 2007 in accordance with this Order the application is to be stayed on and from 13 June 2007. 3. The applicant pay the respondents' costs of the motion. 4. There is 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
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