Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vuly Property Pty Ltd v Yang [2017] FCA 317 File number(s): QUD 845 of 2016
Judge(s): GREENWOOD J
Date of judgment: 28 March 2017
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for security for costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 56 Federal Court Rules 2011 (Cth), r 19.01(1)(a)
Cases cited: Austin, Nichols & Co Inc v Lodestar Anstalt [2009] FCA 1228 NV Sumatra Tobacco Trading Company v British American Tobacco Australia Services Ltd (2008) 79 IPR 286
Date of hearing: 1 March 2017
Date of last submissions: 1 March 2017
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr N Ferrett
Solicitor for the Applicant: Artifex Advisors
Solicitor for the Respondent: Mr A Bennett, Bennett & Philp Lawyers
ORDERS QUD 845 of 2016
BETWEEN: VULY PROPERTY PTY LTD Applicant
AND: WEI YANG Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 28 MARCH 2017
THE COURT ORDERS THAT:
1. The applicant give security for the payment of costs which may be awarded against it in this proceeding in an amount of $60,000 in the form of an unconditional bank guarantee to the satisfaction of the District Registrar of the Court. 2. In the alternative to Order 1, the applicant provide security as contemplated by Order 1 by the payment of the sum of $60,000 into Court. 3. The security contemplated by Orders 1 and 2 be provided within one month. 4. The proceeding be stayed until security is provided. 5. The applicant pay the respondent's costs of and incidental to the application to be taxed or as agreed. 6. The respondent has leave to enforce the costs order at any time before the determination of the principal proceeding. 7. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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