Walker v Body Logic Resources Pty Ltd [2008] FCA 1086

FEDERAL COURT OF AUSTRALIA

Walker v Body Logic Resources Pty Ltd [2008] FCA 1086

COSTS – Security for costs – applicant resident outside Australia with no fixed assets in Australia – pleadings closed – security for costs ordered for pre-trial procedures including some preparation of evidence – liberty to apply for further orders.

Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28 r 3 Logue v Hansen Technologies Ltd (2003) 125 FCR 590 P S Chellaram & Co v China Ocean Shipping Co (1991) 65 ALJR 642 Tan Kah Hock v AWAP SGT 26 Investment Ltd [2008] FCA 540

DR ROBERT WALKER v BODY LOGIC RESOURCES PTY LTD, SCENIC CLIFF PTY LTD T/AS BODY LOGIC RESOURCES and LISA ROBYN MCASEY

NSD 373 OF 2008

BUCHANAN J

23 JULY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 373 OF 2008

BETWEEN: DR ROBERT WALKER

Applicant

AND: BODY LOGIC RESOURCES PTY LTD

First Respondent/First Cross-Claimant

SCENIC CLIFF PTY LTD T/AS BODY LOGIC RESOURCES

Second Respondent/Second Cross-Claimant

LISA ROBYN MCASEY

Third Respondent/Third Cross-Claimant

JUDGE: BUCHANAN J DATE OF ORDER: 23 july 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Within 28 days of the date of this Order, the applicant provide security for the respondents' costs of these proceedings in relation to pre-trial preparation in the sum of $44,000 in a form acceptable to the Registrar or as directed by the Court. 2. Liberty be granted to the respondents to apply to increase the amount of such security, after the applicant's evidence in chief is filed. 3. The costs of, and associated with, the notice of motion filed on 20 June 2008 be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.