Winning Form Pty Ltd v Giddy Up Ratings Pty Ltd [2011] FCA 1140

FEDERAL COURT OF AUSTRALIA

Winning Form Pty Ltd v Giddy Up Ratings Pty Ltd [2011] FCA 1140 Citation: Winning Form Pty Ltd v Giddy Up Ratings Pty Ltd [2011] FCA 1140

Parties: WINNING FORM PTY LTD (ACN 114 921 523) v GIDDY UP RATINGS PTY LTD (ACN 103 620 873)

File number: NSD 740 of 2009

Judge: FOSTER J

Date of judgment: 4 October 2011

Date of hearing: 4 October 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 24

Counsel for the Applicant: Mr SR Donaldson SC, Ms JC McDonald

Solicitor for the Applicant: Harris Freidman Lawyers

Counsel for the Respondent: Mr BAM Connell, Mr RM Higgins

Solicitor for the Respondent: Menassa Barbouttis Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 740 of 2009

BETWEEN: WINNING FORM PTY LTD (ACN 114 921 523)

Applicant

AND: GIDDY UP RATINGS PTY LTD (ACN 103 620 873)

Respondent

AND BETWEEN: GIDDY UP RATINGS PTY LTD (ACN 103 620 873)

Cross-Claimant

AND WINNING FORM PTY LTD (ACN 114 921 523)

Cross-Respondent

JUDGE: FOSTER J DATE OF ORDER: 4 OCTOBER 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant provide further security for the respondent's costs in the proceeding either by way of guarantee or bond from a financial institution and in a form agreed between the parties or by cash payment into Court in the amount of $250,000.00 to be provided or paid as follows: (a) As to $50,000.00, within 28 days of the date of this order; (b) As to the balance of $200,000.00, within 14 days of the date when the Court sets the proceeding down for final hearing. 2. The proceeding be stayed in the event that the applicant fails to provide security as ordered in par 1 above. 3. The applicant have liberty to apply on three days' notice on the question of its capacity to provide the additional security for the respondent's costs ordered in par 1 above. 4. The parties have liberty to apply generally in the event that the identity of the provider of any proposed guarantee and/or bond or the form of such guarantee or bond is not agreed promptly. 5. The costs of the respondent's application for additional security for its costs heard and determined this day (4 October 2011) be costs in the proceeding. 6. The respondent have leave to file in Court its Interlocutory Application dated 4 October 2011. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.