Darcey v The Preterm Foundation [1987] FCA 260

CATCHWORDS PRACTICE - Security for costs of appeal - Unfettered discretion of the Court - Impecuniosity as a factor -

Whether the appeal was brought, not for the benefit of the appellant, but for the benefit of another - Whether at 1S appropriate on an application for security for costs to consider the merits of the appeal - Appeal raising an arguable question of law - security refused.

Federal Court of Australia Act 1976 Federal Court Rules Order 52 1r.20, Order 53 r.8, Order

28 r.3

DARCEY -V- THE PRETERM FOUNDATION

NSW G.520 of 1986

Burchett J. Sydney 18 May 1987

- ~-~ m = 5 i "18 L. j 7255 | 798s BS ' = Pi t _ Om w ? / 498 3 ; i) a

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.520 of 1986

GENERAL DIVISION

BETWEEN:

PATRICK MICHAEL DARCEY

Applicant

[2 Zz iw]

THE PRETERM FOUNDATION

Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J. Where Order Made: Sydney ' Date of Order: 18 May 1987

THE COURT ORDERS THAT:

(1) The motion for security for costs be dismissed.

(2) The costs of the motion be reserved.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.520 of 1986

GENERAL DIVISION

BETWEEN:

PATRICK MICHAEL DARCEY

Applicant

AND:

THE PRETERM FOUNDATION

Respondent

REASONS FOR JUDGMENT

BURCHETT J. This is an application for an order for security for the costs of the respondent to an appeal brought by the appellant to

the Full Court of this Court against a sequestration order made

under the Bankruptcy Act 1966.

By s.56 of the Federal Court of Australia Act 1976 it is

provided, inter alia, as follows:

"(1) The Court or a Judge may order a plaintiff in a proceeding in the Court or an appellant in an appeal to the Court to give security for the payment of costs that may be awarded against him.