Clark, Timothy Marcus v The Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Timothy Marcus Clark [1998] FCA 945

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – security for costs – Federal Court Rules O 53 r 8 -application for early discharge from bankruptcy – where bankrupt unable to pay security – whether Court can infer that bankrupt's wife will pay security – whether security likely to stultify appeal – what constitutes "special circumstances" BANKRUPTCY – security for costs – application for early discharge from bankruptcy – where bankrupt unable to pay security – whether Court can infer that bankrupt's wife will pay security – whether security likely to stultify appeal Federal Court Rules O 53 r 8

Bond v Trustee of Property of Alan Bond, a bankrupt, (1994) 20 AAR 1 discussed Fletcher v Commissioner of Taxation (1992) 37 FCR 288 mentioned

TIMOTHY MARCUS CLARK v OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF TIMOTHY MARCUS CLARK NO. VG 206 of 1998 JUDGE: HEEREY J DATE: 28 JULY 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 206 of 1998

BETWEEN: TIMOTHY MARCUS CLARK

Applicant

AND: OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF TIMOTHY MARCUS CLARK

Respondent

judge: HEEREY J

DATE OF ORDER: 28 JULY 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant provide security for costs of and incidental to the appeal in the sum of $10,000 in such a manner as is acceptable to the respondent, or failing agreement in such a manner and on such terms as the Court directs. 2. The appeal be stayed until the security is provided. 3. Liberty to apply 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

VICTORIA DISTRICT REGISTRY VG 206 of 1998