Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd (ACN 005 932 654) [2006] FCAFC 48

FEDERAL COURT OF AUSTRALIA

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd ACN 005 932 654 [2006] FCAFC 48 APPEALS - security for costs - application to have order for security set aside or amount reduced – impecunious appellant – reduction in grounds of appeal – detailed factual challenges on appeal - costs unlikely to be recovered in the event the appeal is unsuccessful – appellant seeking to run arguments not run at trial Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28, O 52 Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 853 cited Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1334 cited KAREN CAREY-HAZELL v GETZ BROS & CO (AUST) PTY LTD ACN 005 932 654 No WAD 176 OF 2004 SPENDER, BRANSON & SIOPIS JJ 31 MARCH 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 176 OF 2004

BETWEEN: KAREN CAREY-HAZELL

APPELLANT

AND: GETZ BROS & CO (AUST) PTY LTD ACN 005 932 654

AND: FIRST RESPONDENT

AND: PETER THOMPSON

SECOND RESPONDENT

TREVOR NICHOLLS

THIRD RESPONDENT JUDGES: SPENDER, BRANSON & SIOPIS JJ

DATE OF ORDER: 31 MARCH 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The security for costs ordered by French J on 15 October 2004 to be provided by the appellant for the first respondent's costs of the appeal, and for the second and third respondents' costs of the appeal, be provided by 4pm on Friday 5 May 2006. 2. If the appellant fails to comply with the order to provide security for the first respondent's costs by 4pm on Friday 5 May 2006, the proceeding be dismissed as against the first respondent; if the appellant fails to comply with the order to provide security for the second and third respondents' costs by 4pm on Friday 5 May 2006, the proceeding be dismissed as against the second and third respondents. 3. The costs of the parties on the Notices of Motion be costs in the appeal.