Fazio Richards Pty Ltd v Ibis Way Pty Ltd

FEDERAL COURT OF AUSTRALIA

Fazio Richards Pty Ltd v Ibis Way Pty Ltd [2016] FCA 1082

Appeal from:

Fazio Richards Pty Ltd v Ibis Way Pty Ltd [2016] FCA 308

File number:

VID 459 of 2016

Judge:

DAVIES J

Date of judgment:

29 August 2016

Catchwords:

PRACTICE AND PROCEDURE – application for security for costs – application made in the context of an appeal – power of the Court to order security for costs

Legislation:

Federal Court of Australia Act 1976 (Cth), s 56

Federal Court Rules 2011 (Cth), r 36.09

Cases cited:

Clack v Collins (No 1) [2010] FCA 513

Skyring v Sweeney [1999] FCA 61

Soh v Commonwealth of Australia [2008] FCA 1524

Date of hearing:

29 August 2016

Registry:

Victoria

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

21

Counsel for the Second Appellant:

The Second Appellant appeared in person and on behalf of the First Appellant

Counsel for the First and Third Respondents:

T D Best

Solicitors for the First and Third Respondents

SDR Law

Counsel for the Second Respondent:

R Moore

Solicitors for the Second Respondent

Logie-Smith Lanyon

ORDERS

VID 459 of 2016

BETWEEN:

FAZIO RICHARDS PTY LTD (ACN 079 728 662)

First Appellant

PAUL DAMIAN NELSON

Second Appellant

AND:

IBIS WAY PTY LTD (ACN 109 368 443)

First Respondent

ICON-IP PTY LTD (ACN 150 725 670)

Second Respondent

PETER STROVER

Third Respondent

JUDGE:	DAVIES J
DATE OF ORDER:	29 AUGUST 2016

THE COURT ORDERS THAT:

1.Order 8 of the Orders made 17 June 2016 be vacated.

2.Until further order, Annexure MAN-2 to the affidavit of Michael Andrew Nurse sworn on 9 June 2016 be maintained as confidential on the Court file and its contents not be published or otherwise disclosed in order to prevent prejudice to the administration of justice.

3.Until further order, Annexure MAN-6 to the affidavit of Michael Andrew Nurse sworn on 9 June 2016 be maintained as confidential on the Court file and its contents not be published or otherwise disclosed in order to prevent prejudice to the administration of justice.

4.The Second Respondent has leave to substitute page 53 of the transcript that appears at Annexure MAN-4 to the affidavit of Michael Andrew Nurse sworn on 9 June 2016, with a redacted copy of that page, the redactions being applied to the two amounts that are referred to at lines 12 and 13 of page 53 of the transcript.

5.The Appellants provide the Respondents’ security for costs in a form acceptable to the Respondents, or in the event of any dispute, in a form acceptable to the Registrar in the amount of $40,000, by 4.00pm on 3 October 2016.

6.If the Appellants do not comply with Order 5 within the time specified in that Order, the appeal be dismissed.

7.The costs of the Respondents’ applications be costs in the appeal.

8.The case management conference listed for 29 August 2016 be adjourned until 25 October 2016 at 2.15pm.

THE COURT…