Riot Nominees Pty Ltd v Suzuki Australia Pty Ltd

Riot Nominees Pty Ltd sought an injunction against Suzuki Australia Pty Ltd and others to prevent them from withholding Suzuki motorcycle spare parts and accessories. The application was made in the Federal Court, where the respondents sought an order that the applicant provide security for costs. The court had to determine if Riot Nominees, as a trustee, was suing for the benefit of another person, thereby triggering the need for security for costs under Federal Court Rules Order 28 Rule 3(1)(b). The court considered the nature of the trust and the circumstances under which Riot Nominees was acting. It found that Riot Nominees was not suing for the benefit of another person and denied the respondents' application for security for costs. The court granted the injunction to prevent the respondents from withholding spare parts and accessories, and reserved the liberty for any party to apply for further orders. All parties' costs in relation to the directions hearing, the application for interim injunctions, and the application for security for costs were declared to be costs in the cause.