Barton, Thomas v Minister for Foreign Affairs [1984] FCA 108

CATCHWORDS

Practice and Procedure - security for costs - whether court has a discretion to order security for costs when applicant ordinarily resident outside Australia - comparison with English rule - exercise of discretion - impecuniosity of applicant - cost of registering and enforcing judgment

outside Australia

Federal Court of Australia Act 1976 s.56 Federal Court Ruies, Order 28 Rule 3 Rules of Supreme Court (Imp) Order 23 Rule 1

Rules of Supreme Court of New South Wales, Part 53 rule

2(1)

Foreign Judgments (Reciprocal) Enforcement Act 1933 (U.K.)

s. 2

THOMAS BARTON v THE MINISTER FOR FOREIGN AFFAIRS

No. G 101 of 1984

Morling J. 6 April 1984

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 101 of 1984

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GENERAL DIVISION

BETWEEN : THOMAS BARTON Applicant AND: THE MINISTER FOR FOREIGN AFFAIRS Respondent ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 6 April 1984 WHERE MADE : Sydney THE COURT ORDERS THAT:

1. The applicant to give security in the sum of $2,000 for the payment of the respondent's costs.

2. The costs of the application for security of

costs showld be costs in the substantive application.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 101 of 1984

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GENERAL DIVISION

BETWEEN : THOMAS BARTON Applicant AND: THE MINISTER FOR FOREIGN AFFAIRS Respondent MORLING J. 6 April 1984

REASONS FOR JUDGMENT

This is an application for security for costs in an application brought by Mr Thomas Barton for an order of review under the Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act"). The decision which the applicant seeks to have reviewed is an alleged decision of the Minister for Foreign Affairs that the applicant be not issued with an Australian passport. The application raises an important question as to the ambit of the