Tait v Bindal People [2002] FCA 322

FEDERAL COURT OF AUSTRALIA

Tait v Bindal People [2002] FCA 322 SECURITY FOR COSTS – security is to be of such amount and given at such time and in such manner and form as the Court or Judge directs – difference in principal in relation to ordering security for costs in a first instance matter and at the appellate level – whether there are special circumstances justifying an order for security – not a case of shutting out an impecunious person from litigation at trial level – ordinary rule as to security for costs should apply – security for costs ordered in a nominal amount NATIVE TITLE – no claim by applicant for leave to appeal to be a person or a descendant from a person of the Aboriginal race of Australia – claim based on an alternative basis for being regarded as an Aborigine or a native Federal Court of Australia Act 1976 (Cth), s 56 Native Title Act 1993 (Cth) Cowell v Taylor (1885) 31 Ch D 34, applied Wiest v Director of Public Prosecutions and Anor (1988) 23 FCR 472, applied Bethune v Porteous (1892) 18 VLR 493, applied Ciappina v Ciappina (1983) 70 FLR 287, cited WILLIAM BILLY PETER TAIT v BINDAL PEOPLE and OTHERS No Q 10 of 2002 SPENDER J BRISBANE 20 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 10 OF 2002

BETWEEN: WILLIAM BILLY PETER TAIT

APPLICANT

AND: BINDAL PEOPLE and OTHERS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 20 MARCH 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The applicant for leave provide security in a form satisfactory to the Registrar in the sum of $1000. (2) Unless that security is provided by 4.00 pm on Friday 12 April 2002 the application for leave to appeal be stayed. (3) The applicant on the motion have its costs of the motion, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.