Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746

Federal Court of Australia

Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746 File number: NSD 980 of 2020

Judgment of: NICHOLAS J

Date of judgment: 2 July 2021

Catchwords: PRACTICE AND PROCEDURE – security for costs – where orders for security made by consent in respect of respondents' costs up to close of evidence – whether order for further security should be made prior to close of evidence on basis that the respondents' costs are in excess of what was anticipated at the time the consent orders were made – application for security for costs dismissed

Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01

Cases cited: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 41

Date of hearing: 22 June 2021

Counsel for the Applicant: Mr J Adamopoulos

Solicitor for the Applicant: Madison Marcus

Counsel for the Respondents: Ms S Ross

Solicitor for the Respondents: Sparke Helmore Lawyers

ORDERS NSD 980 of 2020

BETWEEN: BRASS HOMES PTY LIMITED (ACN 151 619 457) Applicant

AND: MACASA HOMES PTY LIMITED (ACN 622 610 048) First Respondent

FANGLEI JIA Second Respondent

LIXIN JIA Third Respondent

order made by: NICHOLAS J DATE OF ORDER: 2 july 2021

THE COURT ORDERS THAT:

1. The respondents' interlocutory application filed on 4 June 2021 be dismissed. 2. The respondents pay the applicant's costs of the interlocutory application as taxed or agreed. 3. Order 8 of the orders made on 15 April 2021 (as varied) be vacated. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.