Luke v Aveo Group Limited [2022] FCA 925

Federal Court of Australia

Luke v Aveo Group Limited [2022] FCA 925 File number: VID 996 of 2017

Judgment of: ANDERSON J

Date of judgment: 12 August 2022

Catchwords: COSTS – application for security for costs – costs granted

Legislation: Federal Court of Australia Act 1976 (Cth)

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 14

Date of hearing: Determined on the papers

Counsel for the Applicants: Mr P D Tucker with Mr J E Hartley

Solicitors for the Applicants: Levitt Robinson

Counsel for the Respondent: Ms K Foley SC with Ms L O'Rorke

Solicitors for the Respondent: Arnold Bloch Leibler

ORDERS VID 996 of 2017

BETWEEN: MICHAEL ROBERT LUKE (IN HIS CAPACITY AS THE CO-EXECUTOR OF THE ESTATE OF ROBERT COLIN LUKE, DECEASED) (and others named in the schedule) First Applicant

AND: AVEO GROUP LIMITED (ACN 010 729 950) Respondent

order made by: ANDERSON J DATE OF ORDER: 12 August 2022

THE COURT ORDERS THAT:

1. Pursuant to s 56 of the Federal Court of Australia Act 1976 (Cth) and the inherent jurisdiction of the Court, the Applicants are to provide the Respondent with security in the sum of $1,100,000 in respect of the Respondent's costs from 1 March 2022 to 5 August 2022. 2. The security referred to in paragraph 1 is to be provided by payment into Court of cleared funds within 28 days of this Order. 3. If the security referred to in paragraph 1 is not provided in accordance with paragraph 2, the proceeding is stayed without further order unless and until the security is provided. THE COURT NOTES THAT: 4. The Respondent reserves its right to request from the Applicants further security for its costs of the further stages of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.