Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Total Development Supplies Pty Ltd v GRD Building Pty Ltd [2008] FCA 844
Corporations Act 2001 (Cth) Trade Practices Act 1974 (Cth) Construction Contracts (Security of Payments) Act 2004 (NT)
Dalma Formwork Pty Ltd v Concrete Constructions Pty Ltd [1998] NSWSC 472 Concrete Constructions Pty Ltd v Dalma Formwork Pty Ltd [1999] NSWCA 16 Boutique Venues Pty Ltd v JACG Pty Ltd [2007] NTSC 5 Sydmar Pty Ltd v Statewise Developments Pty Ltd (1987) 11 ACLR 616 TOTAL DEVELOPMENT SUPPLIES PTY LTD (ACN 108 294 051) v GRD BUILDING PTY LTD (ACN 114 871 082)
NTD 19 OF 2007
REEVES J
6 jUNE 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD 19 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: TOTAL DEVELOPMENT SUPPLIES PTY LTD (ACN 108 294051)
Applicant
AND: GRD BUILDING PTY LTD (ACN 114 871 082)
Respondent
JUDGE: REEVES J DATE OF ORDER: 6 JUNE 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The applicant will within 14 days of today pay into Court the sum of $20,000 by way of security for the respondent's costs in these proceedings. 2. The security for costs referred to in Order 1 hereof will be the applicant's security for the cost of this proceeding up to the conclusion of the trial at first instance in this application. 3. The security for costs provided under this Order will only be released to the applicant upon the happening of one or more of the following events: (a) an order of the Court; (b) the agreement of the parties; (c) the final determination of these proceedings. 4. The parties have liberty to apply generally subject to providing 24 hours notice in writing to the other party or parties. 5. The District Registry is to deposit the monies paid into Court into an interest-bearing deposit account entitled 'The Minister for Finance of the Commonwealth: Official Exempt SPM Account, payable to Total Development Supplies Pty Ltd v GRD Building Pty Ltd: NTD19 of 2007'.
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