MDS Diagnostics Pty Limited v Inverness Medical Switzerland GmbH

REASONS FOR JUDGMENT 1 On 19 November 2010, the Court ordered that the appellants, within seven days, provide security for the respondent's costs of the appeal in the sum of $60,000 in a form acceptable to the Registrar. The Court directed that, upon failure to comply with that order, the appeal be stayed. No security has been provided by the appellants. The effect is that the appeal has been stayed since 27 November 2010. 2 When the matter was called on today for directions, the solicitor for the remaining appellants indicated that he had no instructions to oppose the application now made by the respondent for the proceeding to be dismissed for want of prosecution. The appellants' solicitor indicated that he had no instructions as to whether it was likely that the appellants would raise the necessary funds to provide the security, although he understood that there was some suggestion that attempts were still being made. 3 In all of the circumstances, although the period that has elapsed since the stay began included the period of Christmas and January, I consider that it is appropriate, in the absence of any other application on the part of the appellants, that the appeal be dismissed pursuant to s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth). I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.