Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wainter Pty Ltd ACN 008 725 586 v Freehills (A Firm) (No 2) [2009] FCA 770
SECURITY FOR COSTS – application for further security for costs - next stage for which security for costs should be ordered – quantum of security – draft bill of costs considered – further security for costs ordered in sum of $220,000.00 Corporations Act 2001 (Cth) Federal Court Rules O 28 r 3 Trade Practices Act 1974 (Cth) Bell Wholesale Co Limited v Gates Export Corporation (1984)2 FCR 1 Chapman v Luminis Pty Ltd [2002] FCA 496 Gurtler v Finance Now Pty Ltd [2009] FCA 631 Reinsurance Australia Corporation Ltd v HIH Casualty and General Insurance (in liquidation) [2003] FCA 803 WAINTER PTY LTD ACN 008 725 586 v FREEHILLS (A FIRM), DAVID WOOLFE and PETER FRANCIS MALONE
WAD 226 of 2007
BARKER J
20 JULY 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION WAD 226 of 2007
BETWEEN: WAINTER PTY LTD ACN 008 725 586
Applicant
AND: FREEHILLS (A FIRM)
First Respondent
DAVID WOOLFE
Second Respondent
PETER FRANCIS MALONE
Third Respondent
JUDGE: BARKER J
DATE OF ORDER: 20 JULY 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The applicant provide security for the first and second respondents' costs in the proceedings up to the point of entry for trial in the amount of $220,000.00 to be provided by way of bank guarantee in a form acceptable to the Registrar. 2. The applicant provide the security by way of bank guarantee in accordance with the following, namely: (a) the applicant provide to a registrar a draft form of the proposed bank guarantee within 7 days of the date this order is made; and (b) the applicant provide the security by way of the bank guarantee within 14 days of receiving from a registrar communication that the form of the proposed bank guarantee is acceptable. 3. The applicant pay the respondent's costs of and incidental to the first and second respondents' application for further security for costs heard 25 June 2009. 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
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