Nadjarian, G. v. Myer Melbourne Ltd [1981] FCA 272

JUDGMENT No. 272, Fl.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V.G. No. 193 of 1981

GENERAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: * GEORGE NADJARIAN Appellant and MYER MELBOURNE LIMITED Respondent NORTHROP J. EX TEMPORE JUDGMENT 9 DECEMBER 1981

On 13 August 1981 2 sequestration order was made against the estate of George Nadyarian, the appellant. That

order was made under the Bankruptcy Act 1966 on the petition

of Myer Melbourne Limited, the respondent. On 1 September 1981 the appellant filed notice of appeal against that Seguestration order, the appeal being matter V.G. 154 of 1981, On 9 November 1981 on the motion of the respondent the

Federal Court constituted by Mr. Justice Smithers made the

follow:ng orders:

The appellant give security to the satisfaction of the Registrar in the sum of $1000 for the payment of costs that may be awarded against him in respect of the appeal of which notice dated 1 September 1981 was

given.

The hearing of the appeal shall be stayed pending the

giving of such security.

Unless such security is given within three months the

appeal shall stand dismissed.

The appellant shall pay the respondent's costs of

motion.

On 30 November 1981 the appeallant filed notice of

appeal against the orders made by Mr. Justice Smithers, that

appeal being matter V.G. 193 of 1981. The respondent now

moves the court in that appeal for the following orders, and

this is in the form of the orders as sought, and not in the

more general form of the orders set out in the notice of

motion:

The appellant give security to the satisfaction of the Registrar in the sum of $1000 for the payment of costs that may be awarded against him in respect of the