Right Home Improvements International Pty Ltd v. Imperial Alarm Screens (Aust) Pty Ltd & Ors [1985] FCA 542

Right Home Improvements International Pty Ltd v. Imperial Alarm Screens (Aust) Pty Ltd & Ors [1985] FCA 542

The Court ordered that proceedings be stayed unless the applicant provides security for costs in the sum of $10,000 or a directors' guarantee in that sum. There is no manifest preponderance of convenience for changing venue to Sydney. Application to strike out paragraphs was dismissed due to insufficient clarity in pleadings but no application for particulars was made.

Parties
Applicant: Right Home Improvements International Pty Ltd; First Respondent: Imperial Alarm Screens (Aust.) Pty Ltd; Second Respondent: Douglas West; Third Respondent: Frederick Cavanagh
Jurisdiction
Australia
Judgment Date
17 October 1985
Procedural Posture
Interlocutory Application / Reasons for Judgment and Orders
Outcome
Application for change of venue and to strike out pleadings dismissed; security for costs ordered.
Legal Topics
Misrepresentation, Security for Costs, Change of Venue, Strike Out Pleadings
Trade Practices Corporate Law Civil Procedure Misrepresentation Security for Costs Change of Venue Strike Out Pleadings

Case Brief

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Parties

Right Home Improvements International Pty Ltd

Applicant

Imperial Alarm Screens (Aust.) Pty Ltd

First Respondent

Douglas West

Second Respondent

Frederick Cavanagh

Third Respondent

Procedural Posture

Interlocutory Application / Reasons for Judgment and Orders

Legal Issues

  1. 1 Whether statements about the future can ground liability under s.52 of the Trade Practices Act
  2. 2 Whether security for costs should be ordered against an applicant company
  3. 3 Whether venue should be changed based on convenience

Ratio Decidendi

The Court ordered that proceedings be stayed unless the applicant provides security for costs in the sum of $10,000 or a directors' guarantee in that sum. There is no manifest preponderance of convenience for changing venue to Sydney. Application to strike out paragraphs was dismissed due to insufficient clarity in pleadings but no application for particulars was made.

Court Disposition

Application for change of venue and to strike out pleadings dismissed; security for costs ordered.

Orders

  • The proceedings be stayed unless within 14 days the applicant gives security for respondents' costs in the sum of $10,000 to the satisfaction of the Registrar, or an affidavit is filed exhibiting a deed by the directors guaranteeing payment of costs up to $10,000.
  • The respondents' motion be otherwise dismissed.