Kirribilli Film Productions Pty Ltd & Ors v One Australia America's Cup Team 1995 Pty Ltd & Anor [1995] FCA 377

Kirribilli Film Productions Pty Ltd & Ors v One Australia America's Cup Team 1995 Pty Ltd & Anor [1995] FCA 377

Applicants made out a sufficient case for interlocutory relief by way of Mareva injunction given risk of asset dissipation, and for an order for security for costs, with figures for both measures to be conservatively set based on the evidence and argument.

Jurisdiction
Australia
Judgment Date
07 June 1995
Procedural Posture
Interlocutory Application / Application for Mareva Injunction and Security for Costs
Outcome
Interlocutory relief granted. Mareva injunction to be ordered for $200,000 unless parties agree otherwise. Security for costs ordered in amount of $40,000, with details to be settled by parties.
Legal Topics
['mareva Injunction' 'security for Costs' 'copyright Infringement']
['civil Procedure' 'intellectual Property'] ['mareva Injunction' 'security for Costs' 'copyright Infringement']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Mareva Injunction and Security for Costs

Legal Issues

  1. 1 ['Whether there is a serious question to be tried for the purposes of interlocutory relief' 'Whether the applicants are entitled to a Mareva injunction' "Whether the applicants are required to provide security for the respondents' costs"]

Ratio Decidendi

Applicants made out a sufficient case for interlocutory relief by way of Mareva injunction given risk of asset dissipation, and for an order for security for costs, with figures for both measures to be conservatively set based on the evidence and argument.

Court Disposition

Interlocutory relief granted. Mareva injunction to be ordered for $200,000 unless parties agree otherwise. Security for costs ordered in amount of $40,000, with details to be settled by parties.

Orders

  • ["Applicants entitled to interlocutory Mareva injunction in the amount of $200,000 (subject to parties' agreement on form)." 'Respondents ordered to provide security for costs in the amount of $40,000, possibly paid in stages.' "Costs of Mareva application to be applicants' costs in the principal proceeding."]