Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 186
APPEALS – security for costs – appeal stayed until security provided or further order – later order of the Full Court that the proceeding be dismissed if security not provided by particular date – security not provided within time allowed – application for the orders of the Full Court to be varied to allow appeal to be maintained – whether 'special circumstances' within meaning of O 28 r 5(3) – factors relevant to discretion to vary security for costs – Held: not appropriate to set aside or vary the orders of the Full Court Federal Court Rules O 28 r 5(3) Jess v Scott (1986) 12 FCR 187 cited KAREN CAREY-HAZELL v GETZ BROS & CO (AUST) PTY LTD ACN 005 932 654, PETER THOMPSON AND TREVOR NICHOLLS WAD 176 OF 2004
SPENDER, BRANSON AND SIOPIS JJ
13 DECEMBER 2006
perth (via video link to sydney and brisbane) IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 176 OF 2004
BETWEEN: KAREN CAREY-HAZELL
Applicant
AND: GETZ BROS & CO (AUST) PTY LTD ACN 005 932 654
First Respondent
PETER THOMPSON
Second Respondent
TREVOR NICHOLLS
Third Respondent
JUDGES: SPENDER, BRANSON AND SIOPIS JJ
DATE OF ORDER: 13 DECEMBER 2006
WHERE MADE: PERTh (via video link to sydney and brisbane)
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the first respondent, and the costs of the second and third respondents, of and incidental to the motion, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 176 OF 2004
BETWEEN: KAREN CAREY-HAZELL
Applicant
AND: GETZ BROS & CO (AUST) PTY LTD ACN 005 932 654
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