Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2013] FCA 131 Citation: Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2013] FCA 131
Parties: CASTEL ELECTRONICS PTY LTD v TCL AIR CONDITIONER (ZHONGSHAN) CO LTD
File numbers: VID 1042 of 2012 VID 1043 of 2012 VID 1044 of 2012
Judge: TRACEY J
Date of judgment: 26 February 2013
Catchwords: PRACTICE AND PROCEDURE – application for security of costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 56(1)
Cases cited: Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 2) [2012] FCA 1214 CBS Records Australia Ltd v Telmak Teleproducts (Aust) Pty Ltd (1987) 72 ALR 270 Energy Drilling Inc v Petroz NL (unreported, Gummow J, 3 May 1989) Kent Heating Limited v Cook-on Gas Products Pty Ltd (1984) 59 ALR 277
Date of hearing: 26 February 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr David Bailey
Solicitor for the Applicant: Browne & Co
Counsel for the Respondent: Dr A P Trichardt
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1042 of 2012
BETWEEN: CASTEL ELECTRONICS PTY LTD
Applicant/Respondent
AND: TCL AIR CONDITIONER (ZHONGSHAN) CO LTD
Respondent/Appellant
JUDGE: TRACEY J DATE OF ORDER: 26 FEBRUARY 2013 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appellant provide security for costs of the respondent in the amount of $50,000.00 in a form agreed between the solicitors for the parties, failing which in a form acceptable to the District Registrar. 2. The appeal proceedings be stayed until order 1 has been complied with. 3. The appellant pay the respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011 IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1043 of 2012
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