Re Banks; Ex parte Ceneas Pty Ltd, Delroi Caterers Pty Ltd, Weingarde Pty Ltd v Banks [1995] FCA 655

CATCHWORDS BANKRUPTCY - security for costs in respect of application by debtor under s 99 of the Bankruptcy Act 1966 - whether Court has jurisdiction to order security for costs in relation to an application of this kind - whether debtor a "nominal plaintiff" in respect of s 99 application - application for security for costs refused. Bankruptcy Act 1966 - s 99 Re Taylor and Anor; Ex parte Century 21 Real Estate Corporation (1994) 49 FCR 324 Cowell v Taylor [1885] 31 Ch D 34 Rhodes v Dawson 16 QB 548 Semler v Murphy 1967 2 WLR 1171 RE BEVERLEY BANKS; EX PARTE CENEAS PTY LIMITED, DELROI CATERERS PTY LIMITED, WEINGARDE PTY LIMITED v BEVERLEY JOY BANKS No. NB 1186 of 1994

FOSTER J 28 JULY 1995 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NB 1186 of 1994 ) BANKRUPTCY DIVISION ) RE: BEVERLEY BANKS Debtor

EX PARTE: CENEAS PTY LIMITED (ACN 002 195 557) First Applicant/Creditor

DELROI CATERERS PTY LIMITED Second Applicant/Creditor

WEINGARDE PTY LIMITED Third Applicant/Creditor

AND: BEVERLEY JOY BANKS Respondent/Debtor JUDGE MAKING ORDERS: FOSTER J DATE: 28 JULY 1995 PLACE: SYDNEY

MINUTE OF ORDERS THE COURT ORDERS THAT:

1. Both applications for security for costs are refused.

2. The costs of the applications for security for costs be the applicants' costs in the cause.

Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NB 1186 of 1994 ) BANKRUPTCY DIVISION ) RE: BEVERLEY BANKS Debtor

EX PARTE: CENEAS PTY LIMITED (ACN 002 195 557) First Applicant/Creditor