Di Felice, Fillizio v Bent, Everett Thomas & Ors [1982] FCA 319

CATCHW

fo)

JUDGMENT No. olf...

PRACTICE - PROCEDURE

impercunious appellant

Security for costs -

appellant in receipt

of legal aid ~ Jurisdiction of single judge to

order security for costs.

Federal Court Rules, 0.52, r.20

Legal Aid Act 1978 (Q1d)

PRACTICE - PROCEDURE

injunction restraining

transaction in pursuance of judgment appealed from.

FILLIZIO Di FELICE (also known as PHILIP DI FELICE) v. EVERETT THOMSON BENT and VINCENT SAMUEL HUTTLEY &

MAUREEN MAVIS HUTTLEY

No. Qld G63 of 1982

FITZGERALD J. 14 MAY 1982

BRISBANE

f

(782,

20090000000

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) No. G 63 of 1982 GENERAL DIVISION )

FILLIZIO DI FELICE (also known as PHILIP DI FELICE

Appellant

EVERETT THOMSON BENT

First Respondent

VINCENT SAMUEL HUTTLEY and MAUREEN MAVIS HUTTLEY

Second Respondent

ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 MAY 1982 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application of the second respondents that the appellant be ordered to give security

for costs is dismissed.

2. Upon the usual undertaking as to damages of the appellant by his counsel, and upon condition that the appellant prosecute the appeal diligently, and upon condition that the appellant pay into court within 14 days the sum of $3,000 to be available to satisfy any order for costs in favour of the

second respondents in respect of these proceedings

either at first instance or on appeal:

(a) the first respondent and the second respondents

are restrained by themselves their servants

2.

and their agents or otherwise howsoever

until the conclusion of the Brisbane

sittings of the Full Court in August 1982

or the conclusion of the hearing of the appeal (whichever is earlier) or until further earlier order from entering into or carrying into effect any option to purchase or ageeement

for the sale of certain leasehold lands more particularly described as perpetual lease selection 2591, portion 103 District of Cairns, Parish of Tinaroo, County of Nares, area 252.8805 hectares and perpetual lease selection 2592, portions 98V, 99V and 101V, Dastrict of Cairns, Parish of Tinaroo, County of Nares, area 256.8707 hectares, and other property described