Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344 Hearing dates: 15 October 2012 Decision date: 25 October 2012 Before: Meagher JA Decision: (1)The respondent (Flo Rida) provide security for the applicant's (Mothership's) costs of the appeal in the sum of $21,000 within 28 days. (2)That security be provided by paying that sum into Court or by such other means as the parties agree or, in default of such agreement, as the Court may order, any such order to be sought by application to the Registrar on notice to the respondent. (3)That the proceedings on the appeal be stayed until the respondent provides that security. (4)That the applicant's notice of motion filed on 26 September 2012 otherwise be dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - appeal from judgment given in absence of party - whether leave to appeal required - whether final judgment although may be set aside under UCPR r 36.16(2)(b) - judgment final and conclusive of rights - leave to appeal not required.

PROCEDURE - security for costs - appellant resident outside Australia - no assets in Australia - evidence not establish has sufficient assets in place of residence or that order could readily be enforced there -security for costs ordered. Legislation Cited: District Court Act 1973 Uniform Civil Procedure Rules 2005 Cases Cited: Carr v Finance Corporation of Australia Ltd [No 1] [1981] HCA 20; 147 CLR 246 Computer Edge Pty Ltd v Apple Computer Inc [1984] HCA 47; 54 ALR 767 Connop v Varena Pty Ltd [1984] 1 NSWLR 71 Energy Drilling Inc v Petroz N.L. (1989) ATPR 40-954 Equuscorp Pty Ltd v Haxton [2012] HCA 7; 86 ALJR 296 Farmitalia Carlo Erba SrL v Delta West Pty Ltd (1994) 28 IPR 336 Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Kok Hoong v Leong Cheong Kweng Mines Ltd [1964] AC 993 Kowalczuk v Accom Finance Pty Ltd [2008] NSWCA 343; 77 NSWLR 205 Licul v Corney [1976] HCA 6; 180 CLR 213 Linprint Pty Ltd v Hexham Textiles Pty Ltd (1991) 23 NSWLR 508 New Brunswick Railway Co v British and French Trust Corporation Ltd [1939] AC 1 P S Chellaram & Co Ltd v China Ocean Shipping Co [1991] HCA 36; 102 ALR 321 Piras v Egan [2007] NSWCA 26 Texts Cited: Res Judicata, 4th ed, (2009) Lexis Nexis Category: Interlocutory applications Parties: Mothership Music Pty Ltd (Applicant) Flo Rida (aka Tramar Dillard) (Respondent) Representation: Counsel: J Sleight (Applicant) N E Furlan (Respondent) Solicitors: Neville & Hourn Legal (Applicant) Kliger Partners (Respondent) File Number(s): 2012/270469 Decision under appeal Citation: [2012] NSWDC 111 Date of Decision: 2012-08-03 00:00:00 Before: Gibson DCJ File Number(s): 2012/116306