Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austin, Nichols & Co Inc v Lodestar Anstalt [2009] FCA 1228
COSTS - security for costs - applicants overseas residents - whether they had "assets in Australia" against which a costs order in favour of respondent might be enforced - trade marks registered in Australia - distribution agreement under which money flowed from Australian company - applicants had no bank account in Australia. Held: those assets did not constitute readily realisable assets. Order for security made. Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28 r 3 Bell Wholesale Co. Ltd v Gates Export Corporation (1984) 2 FCR 1 cited Energy Drilling Inc. v Petroz N.L. [1989]ATPR 40-954 cited Fina Research SA v Halliburton Energy Services Inc [2002] FCA 1331 Jesse James v Nolmont Pty Ltd (subject to a Deed of Company Arrangement) (ACN 010 874 834) [2007]FCA 1604 cited NV Sumatra Tobacco Trading Company v British American Tobacco Australia Services Ltd (ACN 004 069 649) (2008)79 IPR 286 followed P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 followed AUSTIN, NICHOLS & CO INC and RARE BREED DISTILLING LLC v LODESTAR ANSTALT
NSD 518 of 2009
LINDGREN J
23 OCTOBER 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES
general division NSD 518 of 2009
ON APPEAL FROM THE REGISTRAR OF TRADE MARKS BETWEEN: AUSTIN, NICHOLS & CO INC
First Applicant
RARE BREED DISTILLING LLC
Second Applicant
AND: LODESTAR ANSTALT
Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 23 OCTOBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceeding be listed on Wednesday 28 October 2009 for the making of orders. 2. The parties confer with a view to agreeing on the amount of security and the form in which it is to be provided. 3. The parties submit to the Associate to Lindgren J by 27 October 2009 an agreed form of the orders to be made, or, if the parties have failed to reach agreement, the forms of orders for which they will respectively contend. 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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