Walker v Body Logic Resources Pty Ltd [2008] FCA 1086

Walker v Body Logic Resources Pty Ltd [2008] FCA 1086

Given the applicant resides outside Australia and has no Australian assets, and pleadings are closed, an order for security for costs is appropriate; the quantum should reflect justified estimates for pre-trial steps and may be staged with liberty to apply for further orders.

Jurisdiction
Australia
Judgment Date
23 July 2008
Procedural Posture
Application and Statement of Claim With Cross Claim / Interlocutory Application for Security for Costs
Outcome
Order for security for costs granted; costs of motion reserved
Legal Topics
['security for Costs' 'trade Marks' 'copyright' 'passing Off']
['civil Procedure' 'intellectual Property'] ['security for Costs' 'trade Marks' 'copyright' 'passing Off']

Case Brief

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Procedural Posture

Application and Statement of Claim With Cross Claim / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether an order for security for costs should be made against an applicant resident outside Australia' 'The appropriate amount and stage of security for costs in intellectual property litigation']

Ratio Decidendi

Given the applicant resides outside Australia and has no Australian assets, and pleadings are closed, an order for security for costs is appropriate; the quantum should reflect justified estimates for pre-trial steps and may be staged with liberty to apply for further orders.

Court Disposition

Order for security for costs granted; costs of motion reserved

Orders

  • ['Applicant to provide security for respondents’ pre-trial costs in the sum of $44,000 within 28 days in an acceptable form.' 'Respondents have liberty to apply to increase security after applicant’s evidence in chief is filed.' 'Costs of the notice of motion filed on 20 June 2008 are reserved.']