Riv-Oland Marble Company (Vic) Pty Ltd v Settef S.P.A. [1988] FCA 209

Riv-Oland Marble Company (Vic) Pty Ltd v Settef S.P.A. [1988] FCA 209

Given the lack of evidence from the appellant regarding its financial ability to satisfy an adverse costs order and the absence of evidence relating to trust beneficiaries and assets, together with the discretionary power granted by s.56 of the Federal Court of Australia Act, the court determined it appropriate to...

Source-derived case information.

Parties
Appellant: Riv-Oland Marble Company (Vic.) Pty. Ltd.; Respondent: SETTEF S.p.A.
Jurisdiction
Australia
Judgment Date
05 February 1988
Procedural Posture
Appeal / Motion for Security for Costs of Appeal
Outcome
Security for costs ordered against appellant.
Legal Topics
Security for Costs, Appeal Procedure, Corporate Trustees, Trade Marks
Companies Law Trademark Law Security for Costs Appeal Procedure Corporate Trustees Trade Marks

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Parties

Riv-Oland Marble Company (Vic.) Pty. Ltd.

Appellant

SETTEF S.p.A.

Respondent

Procedural Posture

Appeal / Motion for Security for Costs of Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to provide security for the respondent's costs of appeal to the Federal Court.
  2. 2 Whether the appellant’s status as a trustee constitutes a relevant consideration for security for costs.
  3. 3 Whether the public interest or doubtful legal questions justify refusal to order security for costs.

Ratio Decidendi

Given the lack of evidence from the appellant regarding its financial ability to satisfy an adverse costs order and the absence of evidence relating to trust beneficiaries and assets, together with the discretionary power granted by s.56 of the Federal Court of Australia Act, the court determined it appropriate to order security for costs in the amount of $20,000.

Court Disposition

Security for costs ordered against appellant.

Orders

  • Appellant to provide security for respondent's appeal costs in the amount of $20,000.