Chang v Comcare Australia [1999] FCA 1677

FEDERAL COURT OF AUSTRALIA

Chang v Comcare Australia [1999] FCA 1677 PRACTICE AND PROCEDURE – security for costs – application to set aside consent orders of Administrative Appeals Tribunal made pursuant to heads of agreement on grounds of duress or lack of mental capacity – whether applicant is impecunious – whether applicant likely to be able to establish duress – whether applicant likely to be able to establish lack of mental capacity – present indebtedness of applicant – quantum of security

PAUL MENG CHANG v COMCARE AUSTRALIA and COMMONWEALTH OF AUSTRALIA

AG 125 of 1998 NG 1287 of 1998 MOORE J 1 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY AG 125 of 1998

NG 1287 of 1998

BETWEEN: PAUL MENG CHANG

Applicant

AND: COMCARE AUSTRALIA

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent JUDGE: MOORE J

DATE OF ORDER: 1 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. In proceedings AG 125 of 1998, the applicant provide security for the Commonwealth's costs in the sum of $10,000 and Comcare Australia's costs in the sum of $35,000. 2. If the applicant fails to comply with the order to provide security in accordance with order 1 within 28 days the proceedings be dismissed. 3. The applicant pay the costs of the application for security. 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 AG 125 of 1998

NG 1287 of 1998

BETWEEN: PAUL MENG CHANG

Applicant

AND: COMCARE AUSTRALIA

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent