Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Virk Pty Ltd v Yum! Restaurants Australia Pty Ltd [2016] FCA 1468 Appeal from: Diab Pty Ltd v YUM! Restaurants Australia Pty Ltd [2016] FCA 43
File number: NSD 1671 of 2016
Judge: NICHOLAS J
Date of judgment: 6 December 2016
Catchwords: PRACTICE & PROCEDURE – whether order should be made for security for costs of appeal – whether order should be made capping each party's recoverable costs of appeal
Legislation: Federal Court of Australia Act 1976 (Cth) ss 33J, 33ZC(6) High Court Procedure Act 1903 (Cth) s 36
Cases cited: East Grace Corporation v Xing (No 1) [2005] FCA 219 Haraksin v Murrays Australia Limited (2010) 275 ALR 520 King v Commercial Bank of Australia Ltd (1920) 28 CLR 289 Merribee Pastoral Industries Pty Ltd v Australia and New Zealand Banking Group Limited (1998) 193 CLR 502
Date of hearing: 6 December 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr TD Castle
Solicitor for the Appellant: J Kartsounis & Co Solicitors
Counsel for the Respondent: Mr KL Andronos SC with Mr SA Keizer
Solicitor for the Respondent: Webb Henderson
ORDERS NSD 1671 of 2016
BETWEEN: VIRK PTY LTD (IN LIQUIDATION)
(ACN 132 822 514) Appellant
AND: YUM! RESTAURANTS AUSTRALIA PTY LTD
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