Silveira v Australian Institute of Management [2001] FCA 1358

FEDERAL COURT OF AUSTRALIA

Silveira v Australian Institute of Management [2001] FCA 1358 PROCEDURE – security for costs of appeal – whether security can be ordered in respect of outstanding costs ordered to be paid at first instance – whether Court should exercise discretion under O 28 r 3(1)(a) of Federal Court Rules – amount to be ordered by way of security for costs Federal Court of Australia Act 1976 (Cth) s 56(1) Federal Court Rules O 28 r 3(1)(a), O 35 r 6(2)

Barton v Minister for Foreign Affairs (1984) 2 FCR 463 followed Endormer Pty Limited (in liq) v Australian Guarantee Corporation Limited [2001] FCA 548 followed Neat v AWB Limited [2001] FCA 496 followed Energy Drilling Inc v Petroz NL (1989) ATPR 40-954 followed P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 followed Kent Heating Ltd v Cook-on Gas Products Pty Ltd (1984) 59 ALR 277 followed Appleglen Pty Ltd v Mainzeal Corporation Pty Ltd (1988) 79 ALR 634 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 32 referred to Mark Foys v TVSN (Pacific) Limited [2000] FCA 1417 followed NICHOLA SILVEIRA v AUSTRALIAN INSTITUTE OF MANAGEMENT N1040 of 2001 STONE J SYDNEY 21 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1040 OF 2001

BETWEEN: NICHOLA SILVEIRA

APPELLANT

AND: AUSTRALIAN INSTITUTE OF MANAGEMENT

(ACN 004 525 0417)

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 21 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. unless the appellant provides security in the amount of nine thousand dollars ($9,000) on or before 19 October 2001 in a form satisfactory to the Registrar, the appeal be stayed until further order; 2. the parties have liberty to apply on forty-eight (48) hours notice; 3. the costs of the application for security be costs in the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.