Jarrett, Glenn Robert & Anor v Westpac Banking Corporation [1998] FCA 1214

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – application for stay of orders pending hearing of appeal in Full Federal Court of Australia – principles for granting stay – whether special circumstances need be shown before stay granted –– procedural fairness – balance of convenience. COSTS – application for security for respondent's anticipated costs - order that appeal be stayed until security is provided – exercise of judicial discretion – prospect of success – whether party required to provide security would be shut out – whether impecuniosity arises out of breaches alleged against other side – public interest – degree of risk that party cannot satisfy order for costs. Federal Court of Australia Act 1976 (Cth) Federal Court Rules O 52 r 17(1)

Powerflex Services Pty Ltd v Data Access Corporation (1996) 137 ALR, followed Henderson v Amadio Pty Limited (No 4) (1996) 136 ALR, cited James v ANZ Banking Group Ltd (No 1) (1955) 9 FCR 442, cited Equity Access Limited v Westpac Banking Corporation (1989) 80 ATPR 40-972, at 50635, cited GLENN ROBERT JARRETT AND DEBORAH ALISON JARRETT v

WESTPAC BANKING CORPORATION NG 829 OF 1998 TAMBERLIN J SYDNEY 25 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 829 of 1998

BETWEEN: GLENN ROBERT JARRETT

First Applicant

DEBORAH ALISON JARRETT

Second Applicant

AND: WESTPAC BANKING CORPORATION

(ARBN 007 457 141)

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 25 SEPTEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion for a stay pending final determination of the appeal is granted. 2. The motion for security for costs brought by Westpac Banking Corporation is dismissed. 3. Westpac Banking Corporation pay the costs of Mr and Mrs Jarrett on each of the motions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.