Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Media Ocean Limited v Optus Mobile Pty Limited (No 5) [2009] FCA 659
MEDIA OCEAN LIMITED and MEDIATEL AUSTRALIA PTY LIMITED v OPTUS MOBILE PTY LIMITED
NSD 242 of 2009
PERRAM J
11 JUNE 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 242 of 2009
BETWEEN: MEDIA OCEAN LIMITED
First Applicant
MEDIATEL AUSTRALIA PTY LIMITED
Second Applicant
AND: OPTUS MOBILE PTY LIMITED
Respondent
JUDGE: PERRAM J
DATE OF ORDER: 11 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicants' solicitor provide to his Honour's Associate a minute of order consonant with these reasons. 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 242 of 2009
BETWEEN: MEDIA OCEAN LIMITED
First Applicant
MEDIATEL AUSTRALIA PTY LIMITED
Second Applicant
AND: OPTUS MOBILE PTY LIMITED
Respondent
JUDGE: PERRAM J
DATE: 11 JUNE 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT
Security for costs 1 On 12 May 2009 I ordered the applicants to provide security for the respondent's ("Optus") costs of the proceeding and for the provision of a bank guarantee in a specified form. The terms of that order were that unless the bank guarantee was provided in the specified form that the proceeding would be stayed on and after 27 May 2009. The relevant order was as follows: On or before 20 May 2009 the applicants provide security for the costs of the respondent in the sum of $300,000 as follows:
(a) By delivering to the solicitors for the respondent an irrevocable written guarantee issued by an Australian bank undertaking to make a payment to the respondent of an amount not exceeding $300,000 ("Bank Guarantee") subject only to the following conditions:
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