Ciappina, Valeria v Ciappina, Angelo [1983] FCA 93

CATCHWORDS Practice and procedure ~ Costs - Security for costs of appeal - Impecunious appellant - Matters to be considered in deciding whether to order such an appellant to provide security - Quantum of security - Federal Court

of Australia Act 1976, s. 56 - Federal Court Rules,

Order 52 Rule 20.

Harlock v. Ashberry (1881) 19 Ch. D. 84

Brundza v. Robbie & Co. (No. 2) (1952) 88 C.L.R. 171 Scerri v. Northam Holdings Pty. Ltd. [1967] V.R. 674

Smail v. Burton [1975] V.R. 776

Kardynal v. Dodek [1978] V.R. 414

Rajski v. Computer Manufacture & Design Pty. Ltd. [1982] 2N.S.W.L.R. 447

No. ACT G81 of 1982 VALERIA CIAPPINA v. ANGELO CIAPPINA

CORAM : Neaves J

PLACE: Canberra

DATE: 24, May 1983

IN THE FEDERAL COURT OF AUSTRALIA

A.C.T. DISTRICT REGISTRY No. ACT G81 of 1982 GENERAL DIVISION .

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN : VALERTA CIAPPINA Appellant AND: ANGELO CIAPPINA Respondent ORDER JUDGE MAKING ORDER: Neaves J DATE OF ORDER: 24 May 1983 WHERE MADE: Canberra

THE COURT ORDERS THAT:

1. The appellant give security to the satisfaction of the Registrar within 28 days in the sum of $2,000.00 failing which the appeal herein is to stand dismissed. 2. The costs of this application are to be the respondent's

costs in the appeal.

3. Liberty to apply to either party on 7 days notice.

IN THE FEDERAL COURT OF AUSTRALIA

A.C.T. DISTRICT REGISTRY No. ACT G81 of 1982

GENERAL DIVISION

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN : VALERTA CIAPPINA Appellant AND: ANGELO CIAPPINA Respondent CORAM: Neaves J. DATE: 24 May 1983.

REASONS FOR JUDGMENT

This is an application by the respondent to an appeal pending in this Court from a decision of the Supreme Court of the Australian Capital Territory for an order that the appellant give security for the res-