Federal Court of Australia
1C..
JUDGMENT No. TE... ngounennaae
CATCHWORDS
PRACTICE AND PROCEDURE - Security of Costs - application for leave to appeal against interlocutory order for security of cots - orders against natural persons - finding that applicant had arranged affairs generally to avoid vicissitudes of commerce including litigation - no evidence that litigation would be stifled by costs order - whether trial judge's discretion miscarried - judgment not attended with sufficient
doubt to grant leave.
Federal Court of Australia Act 1976 (Cth) s 56(1)
Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR Cowell v Taylor (1886) 31 Ch D 34 Decor Corporation Pty Ltd v Dart Industries Ine (1991) 33 FCR Fletcher v Federal Commissioner of Taxation (1992) 110 ALR 233
Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523 Jarrett v Seymour (1993) 46 FCR 557
Rajski_v Computer Manufacture & Design Pty Ltd [1982] 2 NSWLR
' .
NICHOLAS WILLIAM JOHN CHERRY & ORS v BRIAN READ & ORS
OG 68 of 1996
RECEIVED 16 NOV 1998
Black CJ, Sackville, Finn JJ. Brisbane 21 November, 1996
presse os
IN THE FEDERAL COURT OF AUSTRALIA }
QUEENSLAND DISTRICT REGISTRY ) No. QG 68 of 1996
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
)
NICHOLAS WILLIAM JOHN CHERRY First Applicant
SEARUSH PTY LTD Second Applicant
ERIN PTY LTD Third Applicant
PETROLINE OIL REFINING PTY LTD Fourth Applicant '
BRIAN READ First Respondent
WOODLANDS GOLF RESORT PTY LTD Second Respondent
JUSSON PTY LTD Third Respondent
BAR ENTERPRISES PTY LTD Fourth Respondent
BARBARA ALICE READ Fifth Respondent
A E GROUP PTY LTD Sixth Respondent
RAINE & HORNE VALUATIONS (QLD) PTY LTD
Seventh Respondent
CORAM: BLACK CJ, SACKVILLE, FINN JJ.
PLACES BRISBANE
DATE: 21 NOVEMBER 1996
THE COURT ORDERS THAT:
1. The application for leave to appeal from the orders made by the Honourable Justice Kiefel dated 15 August 1996 be
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