Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2012] FCA 825 Citation: Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2012] FCA 825
Parties: ECOPAVE AUSTRALIA HOLDINGS PTY LTD (ACN 129 893 465) v ADBRI MASONRY GROUP PTY LTD (ACN 055 701 034)
File number: ACD 29 of 2011
Judge: MARSHALL J
Date of judgment: 2 August 2012
Catchwords: COSTS – security for costs – impecuniosity established – no real prospect of applicant being in a position to meet any adverse costs order made in the proceeding
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Corporations Act 2001 (Cth) s 1335
Cases cited: Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2011] FCA 892 Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2012] FCA 567
Date of hearing: 2 August 2012
Place: Melbourne
Division: GENERAL DIVISION
Category Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr B Goldsmith
Solicitor for the Applicant: Goldsmiths Lawyers
Counsel for the Respondent: Mr E Heerey
Solicitor for the Respondent: Thomsons Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION ACD 29 of 2011
BETWEEN: ECOPAVE AUSTRALIA HOLDINGS PTY LTD (ACN 129 893 465)
Applicant
AND: ADBRI MASONRY GROUP PTY LTD (ACN 055 701 034)
Respondent
JUDGE: MARSHALL J DATE OF ORDER: 2 august 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant pay into Court, by 4.00 pm on 30 August 2012, to the credit of this proceeding, the sum of $88,125 being security for any costs order that may be made in favour of the respondent. 2. The action is stayed until such time as the applicant pays the above sum into Court. 3. If the applicant fails to comply with paragraph 1 of this order, the proceeding shall stand dismissed and the applicant is ordered to pay the respondent's costs of the proceeding including reserved costs to be taxed in default of agreement. 4. The applicant pay the respondent's costs of and incidental to the respondent's interlocutory application dated 18 July 2012 including the costs of today's hearing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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