Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 2) [2015] FCA 872

Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 2) [2015] FCA 872

Security for costs ordered based on the more realistic estimate of likely party/party costs, allowing a 25% discount to reflect likely recovery, and excluding unnecessary cost components such as overseas witnesses and re-testing of products. The sum of $165,000 was arrived at as adequate security. Costs of the successful interlocutory application for security for costs to be costs in the cause; costs of the respondents’ set aside application to be paid by the respondents.

Parties
First Applicant / Cross Respondent: Geneva Laboratories Limited; Second Applicant: Union-Swiss (Proprietary) Limited; First Respondent / First Cross Claimant: Prestige Premium Deals Pty Ltd (ACN 145 497 427); Second Respondent / Second Cross Claimant: United Prestige Clearance Pty Ltd (ACN 147 508 709); Third Respondent / Third Cross Claimant: United Prestige Group Pty Ltd (ACN 163 773 162); Fourth Respondent / Fourth Cross Claimant: Andrew Christopher; Fifth Respondent: Chief Executive Officer of Australian Customs and Border Protection Service
Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Interlocutory Application / Security for Costs Determination
Outcome
Security for costs ordered in the sum of $165,000; proceeding stayed until payment; costs orders as specified.
Legal Topics
Security for Costs, Costs of Interlocutory Applications
Practice and Procedure Security for Costs Costs of Interlocutory Applications

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Parties

Geneva Laboratories Limited

First Applicant / Cross Respondent

Union-Swiss (Proprietary) Limited

Second Applicant

Prestige Premium Deals Pty Ltd (ACN 145 497 427)

First Respondent / First Cross Claimant

United Prestige Clearance Pty Ltd (ACN 147 508 709)

Second Respondent / Second Cross Claimant

United Prestige Group Pty Ltd (ACN 163 773 162)

Third Respondent / Third Cross Claimant

Andrew Christopher

Fourth Respondent / Fourth Cross Claimant

Chief Executive Officer of Australian Customs and Border Protection Service

Fifth Respondent

Procedural Posture

Interlocutory Application / Security for Costs Determination

Legal Issues

  1. 1 Whether security for costs should be ordered and in what amount
  2. 2 Who should bear the costs of the interlocutory applications

Ratio Decidendi

Security for costs ordered based on the more realistic estimate of likely party/party costs, allowing a 25% discount to reflect likely recovery, and excluding unnecessary cost components such as overseas witnesses and re-testing of products. The sum of $165,000 was arrived at as adequate security. Costs of the successful interlocutory application for security for costs to be costs in the cause; costs of the respondents’ set aside application to be paid by the respondents.

Court Disposition

Security for costs ordered in the sum of $165,000; proceeding stayed until payment; costs orders as specified.

Orders

  • Applicants to provide security for the first to fourth respondents' costs in the sum of $165,000.
  • Security to be paid into Court according to Div 2.5 of Pt 2 of the Federal Court Rules 2011.