Paramount Pictures Corp v Starwon Enterprises Pty Ltd & Ors [1998] FCA 1054

Paramount Pictures Corp v Starwon Enterprises Pty Ltd & Ors [1998] FCA 1054

Security for costs was appropriate because, on the evidence, the applicant was incorporated overseas and had no presence or assets in Australia, and no satisfactory undertaking for costs had been provided. A transfer order was not made at this stage because, although the proceedings appeared to have a more specific and direct connection with Western Australia, the issues were not sufficiently developed in the absence of pleadings and lists of documents.

Jurisdiction
Australia
Judgment Date
28 July 1998
Procedural Posture
Trade Mark Infringement and Trade Practices Act Proceeding / Interlocutory Notice of Motion for Security for Costs and Transfer of Proceedings; Directions
Outcome
Respondents' motion partly granted as to security for costs, directions made, and the motion stood over for later consideration including transfer.
Legal Topics
['registered Trade Marks' 'security for Costs' 'transfer of Proceedings' 'proper Place of Proceedings' 'sections 52 and 53 of the Trade Practices Act 1974 (cth)' 'internet Services']
['intellectual Property' 'trade Practices' 'civil Procedure'] ['registered Trade Marks' 'security for Costs' 'transfer of Proceedings' 'proper Place of Proceedings' 'sections 52 and 53 of the Trade Practices Act 1974 (cth)' 'internet Services']

Case Brief

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Procedural Posture

Trade Mark Infringement and Trade Practices Act Proceeding / Interlocutory Notice of Motion for Security for Costs and Transfer of Proceedings; Directions

Legal Issues

  1. 1 ["Whether the applicant should provide security for the respondents' costs." 'Whether the proceedings should be transferred to the Western Australia District Registry of the Court.' 'Whether the balance of convenience justified changing the proper place of the proceedings before pleadings and lists of documents were completed.']

Ratio Decidendi

Security for costs was appropriate because, on the evidence, the applicant was incorporated overseas and had no presence or assets in Australia, and no satisfactory undertaking for costs had been provided. A transfer order was not made at this stage because, although the proceedings appeared to have a more specific and direct connection with Western Australia, the issues were not sufficiently developed in the absence of pleadings and lists of documents.

Court Disposition

Respondents' motion partly granted as to security for costs, directions made, and the motion stood over for later consideration including transfer.

Orders

  • ['The respondents file and serve no later than 1 September 1998 defences and any cross-claim.' 'The applicant file and serve no later than 22 September 1998 any reply and any defence to any cross-claims.' 'The parties file and serve no later than 27 October 1998 lists of documents.' 'The applicant provide security...