Lamb v Hog’s Breath Company Pty Ltd (No 4) [2007] FCA 1029

FEDERAL COURT OF AUSTRALIA

Lamb v Hog's Breath Company Pty Ltd (No 4) [2007] FCA 1029

PRACTICE AND PROCEDURE – security for costs – natural person applicant outside jurisdiction – security for costs in favour of particular respondent – security already ordered in relation to other respondents – substantial areas of common interest between respondents – amount of security fixed having regard to opportunities to avoid duplication of legal work between respondents 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 WAD 300 OF 2006

FRENCH J

6 JULY 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 300 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: 6 JULY 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant provide security for the second respondent's costs in the proceeding up to but not including the first day of trial in the amount of $30,000 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 the security on or before 6 August 2007. 3. If the security is not provided by 6 August 2007, the action will thereafter be stayed as against the second respondent. 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 an order. 5. The costs of the motion in relation to the application for security are in the cause Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.