MCT Dairies Inc v Probiotec Limited (No 2) [2011] FCA 218

MCT Dairies Inc v Probiotec Limited (No 2) [2011] FCA 218

Because MCT Dairies was properly served, did not oppose the notice of motion, and Probiotec's costs had been taxed and certified, the Court granted orders for payment out of funds held as security for costs to Probiotec.

Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Civil / Post Judgment Motion for Payment Out of Security for Costs
Outcome
Motion granted
Legal Topics
[]
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Case Brief

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Procedural Posture

Civil / Post Judgment Motion for Payment Out of Security for Costs

Legal Issues

  1. 1 ['Whether Probiotec was entitled to payment out of funds held as security for costs']

Ratio Decidendi

Because MCT Dairies was properly served, did not oppose the notice of motion, and Probiotec's costs had been taxed and certified, the Court granted orders for payment out of funds held as security for costs to Probiotec.

Court Disposition

Motion granted

Orders

  • ["The funds paid into Court, together with any interest thereon, by or on behalf of the applicant/cross-respondent pursuant to order 2 made on 18 March 2008 and the further amount paid into the Court's litigants fund on 9 April 2010 be paid out to the respondent/cross-claimant."]