Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Domino's Pizza Enterprises Limited v Precision Tracking Pty Ltd (No 2) [2017] FCA 211 File number: NSD 516 of 2016
Judge: ROBERTSON J
Date of judgment: 9 March 2017
Catchwords: PRACTICE AND PROCEDURE – security for costs – applications for security for costs by cross-respondents to cross-claim – whether cross-claimant's claims for breach by cross-respondents of contractual and equitable obligations of confidence and copyright infringement merely responsive – whether disqualifying delay on the part of one cross-respondent in applying for security – where litigation funding of cross-claimant – where adverse costs insurance – whether proposed undertakings answer the applications for security – relevance of arrangement for first cross-respondent to reimburse, in the first instance, second cross-respondent for the costs the second cross-respondent pays to its solicitors
Legislation: Corporations Act 2001 (Cth) s 1335(1) Copyright Act 1968 (Cth) s 115 Federal Court of Australia Act 1976 (Cth) s 56 Patents Act 1990 (Cth) s 122 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd (in liq) [2014] FCA 1371 Domino's Pizza Enterprises Limited v Precision Tracking Pty Ltd [2016] FCA 853 Green v CGU Insurance Ltd [2008] NSWCA 148; 67 ACSR 105 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 Instyle Contract Textiles Pty Ltd v Good Environmental Choice Services Pty Ltd [2009] FCA 1422; 181 FCR 360 Livingspring Pty Ltd v Kliger Partners [2008] VSCA 93; 20 VR 377 Manhattan (Asia) Ltd v Dymocks Franchise Systems (China) Ltd [2014] FCA 1143; 225 FCR 508 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344; 65 ACSR 383; 25 ACLC 1707 The Australian Derivatives Exchange Ltd v Doubell [2008] NSWSC 1174 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 563
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