Federal Court of Australia
Federal Court of Australia
Stasiuk v Monster Energy Au Pty Ltd [2023] FCA 856 File number: NSD 317 of 2023
Judgment of: NICHOLAS J
Date of judgment: 27 July 2023
Catchwords: COSTS – application for security for costs – where applicant in proceeding is a natural person residing in Cayman Islands – whether security should be calculated by reference to costs of enforcing judgment in foreign jurisdiction – whether amount of security sought by respondents reasonable
Legislation: Foreign Judgments Act 1991 (Cth) s 5(1) Patents Act 1990 (Cth) s 7(3) Federal Court Rules 2011 (Cth) O 28, r 3(1)(a) Cayman Islands' Foreign Judgments Reciprocal Enforcement Act (1996 Revision)
Cases cited: Barton v Minister for Foreign Affairs (1984) 2 FCR 463 CME Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd [2021] FCA 160 Farmitalia Carlo Erba Srl v Delta West Pty Ltd (1994) 28 IPR 336 Maxim's Caterers Ltd v Magnona Pty Ltd (No 1) [2010] FCA 450
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 18
Date of hearing: 28 June 2023
Counsel for the Applicant: Mr J Elks
Solicitor for the Applicant: Hazan Hollander
Counsel for the Respondents: Ms F St John
Solicitor for the Respondents: King & Wood Mallesons
ORDERS NSD 317 of 2023
BETWEEN: JOSEPH STASIUK Applicant
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