Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2015] FCA 666 Citation: N.V. Sumatra Tobacco Trading Company v British American Tobacco Australia Services Limited [2015] FCA 666
Parties: N.V. SUMATRA TOBACCO TRADING COMPANY v BRITISH AMERICAN TOBACCO AUSTRALIA SERVICES LIMITED ACN 004 069 649
File number(s): QUD 260 of 2008
Judge(s): GREENWOOD J
Date of judgment: 2 July 2015
Catchwords: PRACTICE AND PROCEDURE – application for payment out of Court of monies paid into Court as security for costs of the proceeding
Date of hearing: Determined on the papers
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 11
Solicitor for the Applicant: Mr T Bennett, Bennett & Philp
Solicitor for the Respondent: Mr S Stern, Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 260 of 2008
BETWEEN: N.V. SUMATRA TOBACCO TRADING COMPANY
Applicant
AND: BRITISH AMERICAN TOBACCO AUSTRALIA SERVICES LIMITED ACN 004 069 649
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 2 JULY 2015 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. By operation of rr 1.32 and 1.36 of the Federal Court Rules 2011, judgment in the application be published from Chambers. 2. The application for payment out of Court of the security monies be determined on the papers. 3. The funds held by the Court in security for the respondent's costs in the proceeding pursuant to orders of the Court of 16 October 2008, 12 November 2008 and 8 December 2010 together with interest thereon be paid out of Court to the respondent in part satisfaction of the taxed costs, by way of payment to the Trust Account of the solicitors for the respondent particularised as follows: Corrs Chambers Westgarth Solicitors Trust Account, Westpac Banking Corporation, BSB 033-340, Account 271035, Reference 9056866. 4. The applicant pay the costs of the respondent of and incidental to the application for orders for payment of the security monies out of Court to the solicitors for the respondent, in an amount of $2,200.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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