Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 2) [2012] FCA 23

FEDERAL COURT OF AUSTRALIA

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 2) [2012] FCA 23 Citation: Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 2) [2012] FCA 23

Parties: FEDERAL TREASURY ENTERPRISE (FKP) SOJUZPLODOIMPORT and FEDERAL PUBLIC UNITARY ENTERPRISE EXTERNAL ECONOMIC UNION SOJUZPLODOIMPORT (FGUP VO) v SPIRITS INTERNATIONAL B.V. (REGISTERED IN THE NETHERLANDS)

File number: NSD 1816 of 2004

Judge: EDMONDS J

Date of judgment: 25 January 2012

Catchwords: PRACTICE & PROCEDURE – motion on notice – scope of cross-claimant's discovery of documents relating to determination of separate questions ordered by the Court – dispute as to categories of discovery not pressed by cross-respondent upon hearing of the motion – pleadings – cross-respondent consents to leave being granted to cross-claimant to file second further amended cross-claim and reply – whether cross-respondent requires leave to file proposed rejoinder – r 16.08 of the Federal Court Rules 2011 – Court's consideration of its power to control its own processes and the interests of efficient case management. Held: certain facts relied upon in proposed rejoinder inadequate to justify the conclusion that they disclose a reasonable defence – to the extent leave required, leave refused. SECURITY FOR COSTS – motion on notice for further security for costs – past costs – tranches of security agreed at commencement of proceedings – cross-claimants incorporated and resident outside the jurisdiction – whether offer of further security appropriate – complexity and duration of proceedings protracted –security for costs, specifically past costs, at the discretion of the Court – factors relevant to exercise of discretion – expert quantification of likely position on taxation. Held: motion for further security refused; cross-claimant's offer of further security appropriate.