Don Guan Kam Tai Co Ltd v Chun Shing Trading Co Pty Ltd [2009] FCA 225

FEDERAL COURT OF AUSTRALIA

Don Guan Kam Tai Co Ltd v Chun Shing Trading Co Pty Ltd [2009] FCA 225

Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28 DONG GUAN KAM TAI CO LTD v CHUN SHING TRADING CO PTY LTD

QUD 199 of 2008

BUCHANAN J

11 MARCH 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY QUD 199 of 2008

BETWEEN: DONG GUAN KAM TAI CO LTD

Applicant

AND: CHUN SHING TRADING CO PTY LTD

Respondent

JUDGE: BUCHANAN J

DATE OF ORDER: 11 MARCH 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant provide security for the respondent's costs of the suit. 2. The amount of the security for costs to be provided be $60,000 inclusive of GST until further order. 3. The said $60,000 security for costs be provided by the applicant by, at the applicant's election: (a) Bank guarantee in a form acceptable to the Registrar or a Deputy Registrar, such bank guarantee to be deposited in the Registry; or (b) Payment of the said sum into Court; or (c) Deposit of the said sum into an interest bearing deposit or controlled monies account, in the joint names of Heidtman & Co Lawyers and Davellin Lawyers ("the Account"), there to be held until further order. 4. The said security for $60,000 be provided within twenty-one (21) days of the date of these orders. 5. The proceedings be stayed until the said security is provided. 6. All interest earned on the fund in the Account is to accumulate to the Account. 7. All fees, costs, taxes and charges associated with the opening and operating of the Account are to be paid in the first instance from interest earned on the deposited funds and otherwise by the applicant if and when due. 8. Costs of the motion be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA