Austin, Nichols & Co Inc v Lodestar Anstalt [2009] FCA 1228

Austin, Nichols & Co Inc v Lodestar Anstalt [2009] FCA 1228

Given that both applicants are foreign corporations without readily realisable assets in Australia against which an order for costs could be enforced without difficulty or delay, and that assets such as registered trade marks and the distribution agreement are not readily liquid for enforcement purposes, security for costs should be ordered.

Jurisdiction
Australia
Judgment Date
23 October 2009
Procedural Posture
Appeal From Registrar of Trade Marks / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
['security for Costs' 'trade Marks' 'assets in Jurisdiction' 'enforcement of Costs Orders']
['civil Procedure' 'intellectual Property'] ['security for Costs' 'trade Marks' 'assets in Jurisdiction' 'enforcement of Costs Orders']

Case Brief

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Procedural Posture

Appeal From Registrar of Trade Marks / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether applicants have assets in Australia against which a costs order in favour of respondent might be enforced' 'Whether security for costs should be ordered against foreign resident applicants' 'Whether registered trade marks and distribution agreements constitute readily realisable assets']

Ratio Decidendi

Given that both applicants are foreign corporations without readily realisable assets in Australia against which an order for costs could be enforced without difficulty or delay, and that assets such as registered trade marks and the distribution agreement are not readily liquid for enforcement purposes, security for costs should be ordered.

Court Disposition

Application for security for costs granted

Orders

  • ['The proceeding be listed for orders on 28 October 2009.' 'The parties to confer to agree on the amount and form of security to be provided.' 'The parties to submit to the Associate to Lindgren J by 27 October 2009 an agreed form of orders or, if not agreed, their respective forms of orders.']