Four Seasons Design, Inc v Ly Thai Corporation Pty Ltd [2009] FCA 1430

FEDERAL COURT OF AUSTRALIA

Four Seasons Design, Inc v Ly Thai Corporation Pty Ltd [2009] FCA 1430

SECURITY FOR COSTS – application granted PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 BW Offshore Ltd v Anzon Australia Limited [2009] FCA 1133 Worldwide Enterprises Pty Ltd v Silberman [2009] VSC 165 Pegasus Gold Inc v Bateman Project Engineering [1999] FCA 1734 Farmitalia Carlo Erba SrL v Delta West Pty Ltd (1994) 28 IPR 336 FOUR SEASONS DESIGN, INC v LY THAI CORPORATION PTY LTD (ACN 097 754 197), T & M TRADING PTY LTD (ACN 166 505 885) and MOHAMED BAKKAR

VID 499 of 2009

KENNY J

2 DECEMBER 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 499 of 2009

GENERAL DIVISION

BETWEEN: FOUR SEASONS DESIGN, INC

Applicant

AND: LY THAI CORPORATION PTY LTD

(ACN 097 754 197)

First Respondent

T & M TRADING PTY LTD

(ACN 166 505 885)

Second Respondent

MOHAMED BAKKAR

Third Respondent

JUDGE: KENNY J

DATE OF ORDER: 2 DECEMBER 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Within 14 days of the date of this order, the applicant provide security in the amount of $20,000 in a manner satisfactory to the first respondent and, failing agreement by the first respondent, then to the satisfaction of the Victoria District Registrar of the Federal Court of Australia. 2. The security for costs referred to in paragraph (1) above will be security for the first respondent's costs up to the first day of the trial. 3. Unless the applicant provides the security by 16 December 2009 in conformity with paragraph (1), the proceeding be stayed. 4. The respondents have liberty to apply to the Court for the provision by the applicant of further security for costs.