Federal Court of Australia
Federal Court of Australia
Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Security for Costs) [2022] FCA 1371 File number: NSD 1816 of 2004
Judgment of: PERRAM J
Date of judgment: 17 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – where Cross-Claimants ordinarily resident outside Australia – whether security includes work that is not relevant – whether Cross-Respondent entitled to security for own amendment application – where Cross-Respondent owes Cross-Claimant amount exceeding security sought
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Trade Marks Act 1995 (Cth) s 88 Federal Court Rules 2011 (Cth) rr 1.41, 16.21, 19.01
Cases cited: Derma Pen LLC v Biosoft (Australia) Pty Ltd (Security for Costs) [2022] FCA 885 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Permanent Stay) (No 2) [2022] FCA 1031
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 31
Date of last submissions: 14 October 2022 (Cross-Claimants) 21 October 2022 (Cross-Respondents)
Date of hearing: Determined on the papers
Counsel for the Cross-Claimants: Mr D Shavin KC and Ms C L Cochrane SC
Solicitor for the Cross-Claimants: Quinn Emanuel Urquhart & Sullivan
Counsel for the Cross-Respondent: Mr D B Larish
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