Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Headway Group Pty Ltd v Spyre Projects Pty Ltd [2017] FCA 288 File number(s): VID 322 of 2016
Judge(s): GREENWOOD J
Date of judgment: 15 March 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application to set aside an order dismissing the proceeding arising out of a failure on the part of the applicant to comply with a security for costs order
Cases cited: Idoport Pty Ltd v National Australia Ltd [2002] NSWSC 18 Electricity Generation Corporation v Woodside Energy Ltd (2014) 306 ALR 25 Re Golden Key Ltd (in rec) [2009] EWCA Civ 636
Date of hearing: 15 March 2017
Date of last submissions: 15 March 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 27
Solicitor for the Applicant: Creevey Russell Lawyers
Counsel for the Respondents: Mr M Jones
Solicitor for the Respondents: Tucker & Cowen Solicitors
ORDERS VID 322 of 2016
BETWEEN: HEADWAY GROUP PTY LTD Applicant
AND: SPYRE PROJECTS PTY LTD First Respondent
DANIEL LARUCCIA Second Respondent
DOMINIC GUINEA Third Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 15 MARCH 2017
THE COURT ORDERS THAT:
1. The interlocutory application filed by the applicant in the principal proceeding on 2 March 2017 is dismissed. 2. The applicant pay the costs of the respondents of and incidental to the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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