Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2009] FCA 1253
COSTS – application for further security for costs – s 1335 Corporations Act 2001 (Cth) – threshold to be met for an award of security to be granted – words of statute must govern the exercise of the power – application dismissed. Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Trade Practices Act 1974 (Cth) s 52 Federal Court Rules 1979 (Cth) O 9 r 1 Beach Petroleum NL v Johnson (1992) 7 ACSR 203 cited Central Bayside General Practice Association Ltd v Commissioner of State Revenue (2006) 228 CLR 168 cited Livingspring Pty Ltd v Kliger Partners (2008) 66 ACSR 455 followed Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2008] FCA 1008 cited THE SMART COMPANY PTY LTD ACN 061 975 344 v CLIPSAL AUSTRALIA PTY LTD (ACN 007 873 529), CLIPSAL INTEGRATED SYSTEMS PTY LTD (ACN 089 444 931) and CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD (ACN 089 444 931)
WAD 132 of 2004
LANDER J
9 november 2009
SYDNEY (VIDEOLINK TO ADELAIDE)
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
general division WAD 132 of 2004
BETWEEN: THE SMART COMPANY PTY LTD ACN 061 975 344
Applicant
AND: CLIPSAL AUSTRALIA PTY LTD (ACN 007 873 529)
First Respondent
CLIPSAL INTEGRATED SYSTEMS PTY LTD (ACN 089 444 931)
Second Respondent
CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD (ACN 089 444 931)
Third Respondent
JUDGE: LANDER J
DATE OF ORDER: 9 NOVEMBER 2009
WHERE MADE: SYDNEY (VIDEOLINK TO ADELAIDE)
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The respondents pay the applicant's costs of the application.
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.
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