Horizons (Asia) Pty Ltd v Enagic Co Ltd (Security for Costs) [2022] FCA 365

Federal Court of Australia

Horizons (Asia) Pty Ltd v Enagic Co Ltd (Security for Costs) [2022] FCA 365 Appeal from: Application for leave to appeal: Enagic Co Ltd v Horizons (Asia) Pty Ltd (No 3) [2021] FCA 1512

File number: NSD 1331 of 2021

Judgment of: STEWART J

Date of judgment: 6 April 2022

Catchwords: PRACTICE AND PROCEDURE – application for security for costs of application for leave to appeal and appeal

Legislation: Corporations Act 2001 (Cth) ss 495C, 495P

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Number of paragraphs: 17

Date of hearing: 6 April 2022

Solicitor for Appellant M Williams of Gilbert + Tobin

Counsel for Respondent E Whitby

Solicitor for Respondent Spruson & Ferguson Lawyers

ORDERS NSD 1331 of 2021

BETWEEN: HORIZONS (ASIA) PTY LTD Appellant

AND: ENAGIC CO LTD Respondent

order made by: STEWART J DATE OF ORDER: 6 APRIL 2022

THE COURT ORDERS THAT:

1. The applicant provide security for the respondent's costs of the application for leave to appeal and appeal by payment into Court of the sum of $60,000, and advise the applicant's solicitors by email of such payment, on or before 5.00pm AEST on Tuesday, 12 April 2022, failing which: (a) the proceeding be ipso facto stayed; (b) the respondent file an application for dismissal of the proceeding on account of the applicant's default by noon AEST on 13 April 2022; and (c) the matter be listed before Yates J at 9.30am AEST on Thursday, 14 April 2022 for the hearing of that application. 2. The applicant pay the respondent's costs of the application for security for costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.