Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sebastian v Strongwall International Limited (Deregistered) (No 2) [2011] FCA 1105 Citation: Sebastian v Strongwall International Limited (Deregistered) (No 2) [2011] FCA 1105
Parties: STANISLAUS SEBASTIAN, MAUREEN SEBASTIAN, LIM KHOON LENG and JENNY LEOW v STRONGWALL INTERNATIONAL LIMITED (DEREGISTERED) (ACN 086 506 176), GEORGE KHALIL HANNA and REMEX AUSTRALIA PTY LTD (ACN 054 675 491)
File number: WAD 246 of 2011
Judge: MCKERRACHER J
Date of judgment: 27 September 2011
Catchwords: COSTS – indemnity costs – costs of innocent third party – innocent third party successfully seeking variation of freezing order – application by third party for costs on an indemnity basis – reasonable cost – burden of establishing reasonableness of costs PRACTICE AND PROCEDURE – injunctive relief – undertaking – discharge of injunctive relief conditional on undertakings being given – whether the undertaking was sufficient
Cases cited: Australian Guarantee Corporation Ltd v De Jager [1984] VR 483 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd (No 4) [2009] WASC 407 Dunne v Fox [1999] IR 283 Hanna v Australian Securities and Investments Commission [2011] FCA 1077 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers (No 2) (1993) 46 IR 301 Norilya Minerals Pty Ltd v Ireland (1994) 12 WAR 485 Project Developments Co Ltd SA v KMK Securities Ltd [1983] 1 All ER 465 Sebastian v Strongwall International Limited (Deregistered) [2011] FCA 1045 Tremaine Developments Pty Ltd (in liq) v Courtney Develops Pty Ltd [2011] VSC 112 Trustee For Peter And Tanya Zufic Family Trust v Eyears [2008] QSC 355
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