MindShare Communications Ltd v Orleans Investments Pty Ltd [2000] FCA 521

The respondents failed to prove that potential losses arose from the interlocutory relief rather than the existence of litigation or the applicant's alleged misrepresentations; further, judgments for damages are enforceable in Hong Kong, so no further security is warranted.

Parties: Applicant: MindShare Communications Limited; First Respondent: Orleans Investments Pty Limited (ACN 073 384 906) trading as The Orleans Media Consultancy; Second Respondent: Wayne Gregory Eckett
Jurisdiction: Australia
Judgment Date: 20 April 2000
Procedural Posture: Interlocutory Application / Application for Further Security for Undertaking as to Damages
Legal Topics: Security for Undertaking as to Damages, Registration and Enforcement of Foreign Judgments, Interlocutory Injunctions

Practice and Procedure Security for Undertaking as to Damages Registration and Enforcement of Foreign Judgments Interlocutory Injunctions

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Parties

MindShare Communications Limited

Applicant

Orleans Investments Pty Limited (ACN 073 384 906) trading as The Orleans Media Consultancy

First Respondent

Wayne Gregory Eckett

Second Respondent

Procedural Posture

Interlocutory Application / Application for Further Security for Undertaking as to Damages

Legal Issues

1 Whether additional security should be ordered for the applicant's undertaking as to damages
2 Whether the current security is sufficient given enforceability in Hong Kong