Berry v Innovia Security Pty Ltd (No 2)

Link copied
Case Copied 10 min read

FEDERAL COURT OF AUSTRALIA

Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156

Citation: Berry v Innovia Security Pty Ltd (No 2) [2015] FCA 1156
Parties: BENOY BERRY and GLOBAL SECURE CURRENCY LIMITED (COMPANY NUMBER 05127761) v INNOVIA SECURITY PTY LTD, FORMERLY KNOWN AS SECURENCY PTY LTD (ACN 072 353 452)
File number(s): NSD 2597 of 2013
Judge(s): BUCHANAN J
Date of judgment: 28 October 2015
Catchwords: PRACTICE AND PROCEDURE – security for costs – limited security ordered based on personal undertakings – breach of undertakings – further security ordered
Cases cited: Berry v Innovia Security Pty Ltd [2014] FCA 357
Date of hearing: 28 October 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicants: Dr C S Ward SC
Solicitor for the Applicants: Marque Lawyers
Counsel for the Respondent: Mr C Juebner
Solicitor for the Respondent: K&L Gates

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 2597 of 2013

BETWEEN:

BENOY BERRY
First Applicant

GLOBAL SECURE CURRENCY LIMITED
(COMPANY NUMBER 05127761)
Second Applicant

AND:

INNOVIA SECURITY PTY LTD, FORMERLY KNOWN AS SECURENCY PTY LTD (ACN 072 353 452)
Respondent

JUDGE:

BUCHANAN J

DATE OF ORDER:

28 OCTOBER 2015

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.In addition to the amount of $20,000 by way of security for costs, as ordered on 8 April 2014 and 29 April 2014, the applicants provide a further $120,000 as security for costs within 14 days, failing which the proceedings be stayed. 

2.The amount of $120,000 to be provided by the applicants by way of further security for the respondent’s costs of the proceedings is to be paid into an interest bearing account of this Court in a form satisfactory to the Registrar and a copy of proof of payment is to be served on the solicitors for the respondent within 14 days thereafter. 

3.In the event that further security is not provided on or before 30 November 2015, the proceedings stand dismissed. 

4.The undertakings given by the first applicant on 28 April 2014 be discharged. 

5.The applicants pay the respondent’s costs of the respondent’s interlocutory application filed on 13 October 2015. 

6.The proceedings (if they remain on foot) be listed for further directions at 9.30 am on 4 December 2015. 

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 2597 of 2013

BETWEEN:

BENOY BERRY
First Applicant

GLOBAL SECURE CURRENCY LIMITED
(COMPANY NUMBER 05127761)
Second Applicant

AND:

INNOVIA SECURITY PTY LTD, FORMERLY KNOWN AS SECURENCY PTY LTD (ACN 072 353 452)
Respondent

JUDGE:

BUCHANAN J

DATE:

28 OCTOBER 2015

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. These proceedings have been on foot since December 2013.  They are moving very slowly. 

  2. On 8 April 2014, I ruled upon an application by the respondent that the applicants should provide security for costs before the matter proceeded any further (Berry…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Berry v Innovia Security Pty Ltd (No 2) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2015] FCA 1156
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Berry v Innovia Security Pty Ltd (No 2) involved a dispute over the provision of security for costs. The applicants were required to provide additional security for the respondent's costs of the proceedings, following a breach of previous personal undertakings. The legal issues before the court included the adequacy of the existing security, the circumstances of the breach, and the appropriate remedy to ensure the respondent's costs were secured.

The court examined the nature of the undertakings and the extent to which they had been breached. It was determined that the applicants had not complied with the terms of their personal undertakings, which had been given to secure the respondent's costs. As a result, the court considered it necessary to order further security to protect the respondent from potential financial loss. The court found that the additional amount of $120,000 was required to be provided by the applicants within 14 days, to be paid into an interest-bearing account of the court.

The court issued orders requiring the applicants to provide the additional security within a specified timeframe. Failure to do so would result in the proceedings being stayed and ultimately dismissed. The court also ordered that the existing undertakings be discharged and that the applicants pay the respondent's costs of the recent interlocutory application. The proceedings were to be listed for further directions to ensure compliance with the orders.

Orders

Orders of the court

1. In addition to the amount of $20,000 by way of security for costs, as ordered on 8 April 2014 and 29 April 2014, the applicants provide a further $120,000 as security for costs within 14 days, failing which the proceedings be stayed.

2. The amount of $120,000 to be provided by the applicants by way of further security for the respondent’s costs of the proceedings is to be paid into an interest bearing account of this Court in a form satisfactory to the Registrar and a copy of proof of payment is to be served on the solicitors for the respondent within 14 days thereafter.

3. In the event that further security is not provided on or before 30 November 2015, the proceedings stand dismissed.

4. The undertakings given by the first applicant on 28 April 2014 be discharged.

5. The applicants pay the respondent’s costs of the respondent’s interlocutory application filed on 13 October 2015.

6. The proceedings (if they remain on foot) be listed for further directions at 9.30 am on 4 December 2015.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.