Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2007] FCAFC 153

FEDERAL COURT OF AUSTRALIA

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2007] FCAFC 153

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 – where appeal otherwise stood dismissed – where appellant submits previous orders do not reflect intent of the Court – where respondents seek to enforce previous orders and seek costs. Federal Court Rules O 35 r 7(2)(e) Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 853 cited Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd (ACN 005 932 654) [2006] FCAFC 48 cited Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd Ors [2006] HCA Trans 553 cited Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 186 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

21 SEPTEMBER 2007

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

First Respondent

PETER THOMPSON

Second Respondent

TREVOR NICHOLLS

Third Respondent

JUDGES: SPENDER, BRANSON AND SIOPIS JJ DATE OF ORDER: 21 SEPTEMBER 2007

WHERE MADE: PERTH

THE COURT DECLARES THAT:

1. The appeal WAD 176 of 2004 stands dismissed by operation of the orders of the Full Court dated 31 March 2006.

THE COURT ORDERS THAT: 1. The appellant pay the first respondent's costs of the appeal, and the second and third respondents' costs of the appeal, in each case to be taxed if not agreed. 2. There be no order for costs of the present two Notices of Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.