Nolasco, A. v. Jenolan Investments Pty Ltd & Ors [1985] FCA 326

Federal Court of Australia|1985-07-01|Before: Fox J

Pesnogndent3 MINUTE OF ORDER JURGE: FOX J, DATE OF GRDER- 22 JUNF 1985 KHEPE MADE: Svdney. THE COURT ORDFPS THAT:

1 The appeliant provide cecurlty Tor the -s9pondent'= eosis of tne appeal in the cum of 470,000.00,

ine securitv he siven to the sariefacticn of the Reaistrar ttithin 14 «ava from 26 Jine P4Pb, frrlingd which the appeal 1s ta stand dismissed.

A fuether date for the hearirg of the appeal he fire on

costs 32%) the appeal. Woke: Settlement and entry or orders 15 dealt with in Nyder 36 of the Federal Court Ruler,

Se RR PERRET TO Ee pe eS eee newer erate te meee oe

enough established that in aqeneral 'he aimpecuniosity of the appellant is a ground for arderina cecurity for costs, rather than the contracv. There are factors of course. which bear on that situatzon, Tn the nresent case, Lam told that the present

appellant was one of a number of applicants in the court below

and that those applicants are no langer parties. from what J have been told that the principal claim, which was

under 5.52 of the Trade Practices Act 1974, 15 one whitch related

more directly to other applicants. The appellant is not in the position of proceeding to recover loss or damage which he did not

There are a number of other factors qcoverning the matter but I am satisfied that an order should be made and the question 3s really as ta how much. The amount sought 1s $20,000. I am .told by Mr Naple for the appellant that in fact it is proposed to reduce the number of grounds of appeal substantially and that therefore the estimated time of the trial should be taken as about one and a half days. As Mr Bannon has pointed out, this 1s perhaps best taken, for practical purposes, 1s two days. The application below was, as T have said, unsuccessful There was however, a successful cross~-application on behalf of some or all of the present respondents and the amounts liable to be paid. if

Doing the best T can with the figures and trying to

avo1d an order for security far costs which 1s unduly oppressive,

The hearing cf the case has, IT understand, heen fixed for 10 July. This creates a problem jin terms of the time within which the securirtv 1s to be provided. The ordinary order is that

ryravided or the appeal stand dismissed. What J wilt do 1s erder fthat the securitv be aiven to the satisfaction of the reqictrac within 14 «avs from today's date,

One way or another it seems to me that the case will not be ready to proceed on 10 July, that being the date for which it 1s presently fixed, and I wili order that that date be vacated but that another date be fixed at a short time thereafter to be

determined by the district registrar on application made to him.

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Judgment (20 paragraphs)