Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156

FEDERAL COURT OF AUSTRALIA

Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156 Citation: Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156

Parties: BENOY BERRY and GLOBAL SECURE CURRENCY LIMITED (COMPANY NUMBER 05127761) v INNOVIA SECURITY PTY LTD, FORMERLY KNOWN AS SECURENCY PTY LTD (ACN 072 353 452)

File number(s): NSD 2597 of 2013

Judge(s): BUCHANAN J

Date of judgment: 28 October 2015

Catchwords: PRACTICE AND PROCEDURE – security for costs – limited security ordered based on personal undertakings – breach of undertakings – further security ordered

Cases cited: Berry v Innovia Security Pty Ltd [2014] FCA 357

Date of hearing: 28 October 2015

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicants: Dr C S Ward SC

Solicitor for the Applicants: Marque Lawyers

Counsel for the Respondent: Mr C Juebner

Solicitor for the Respondent: K&L Gates

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2597 of 2013

BETWEEN: BENOY BERRY

First Applicant

GLOBAL SECURE CURRENCY LIMITED

(COMPANY NUMBER 05127761)

Second Applicant

AND: INNOVIA SECURITY PTY LTD, FORMERLY KNOWN AS SECURENCY PTY LTD (ACN 072 353 452)

Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 28 October 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. In addition to the amount of $20,000 by way of security for costs, as ordered on 8 April 2014 and 29 April 2014, the applicants provide a further $120,000 as security for costs within 14 days, failing which the proceedings be stayed. 2. The amount of $120,000 to be provided by the applicants by way of further security for the respondent's costs of the proceedings is to be paid into an interest bearing account of this Court in a form satisfactory to the Registrar and a copy of proof of payment is to be served on the solicitors for the respondent within 14 days thereafter. 3. In the event that further security is not provided on or before 30 November 2015, the proceedings stand dismissed. 4. The undertakings given by the first applicant on 28 April 2014 be discharged. 5. The applicants pay the respondent's costs of the respondent's interlocutory application filed on 13 October 2015. 6. The proceedings (if they remain on foot) be listed for further directions at 9.30 am on 4 December 2015. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.