Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd [2002] FCA 1399 PRACTICE & PROCEDURE – application by respondent to pay costs ordered by instalments – application to stay execution of costs order pending outcome of motion – whether any utility in making order where no reasonable prospect of respondent meeting any instalment. McCALLUM & CO PTY LIMITED V ALLEN MANUFACTURING COMPANY PTY LIMITED AND ALAN GEORGE HARPER NO. N 1059 OF 1999 BEAUMONT J 7 NOVEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1059 OF 1999
BETWEEN: McCALLUM & CO PTY LIMITED
APPLICANT
AND: ALLEN MANUFACTURING COMPANY PTY LIMITED
FIRST RESPONDENT
ALAN GEORGE HARPER
SECOND RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 7 NOVEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The two notices of motion be dismissed, with costs. 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 N 1059 OF 1999
BETWEEN: McCALLUM & CO PTY LIMITED
APPLICANT
AND: ALLEN MANUFACTURING COMPANY PTY LIMITED
FIRST RESPONDENT
ALAN GEORGE HARPER
SECOND RESPONDENT
JUDGE: BEAUMONT J
DATE: 7 NOVEMBER 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT BEAUMONT J: 1 Before the Court are two notices of motion. The first, dated 28 October 2002, is a motion sought by Mr Harper, the second respondent, who is unrepresented, seeking that the order in respect of costs ordered against him, now taxed at approximately $91,000.00, be paid by instalments of $800.00 per calendar month. Mr Harper supports that motion by an affidavit, sworn on 31 October 2002, in the following terms: "1. I have been un-employed since September 2001. 2. Since becoming un-employed I have been supported by my wife. 3. I presently do not have the financial means or the borrowing capacity that would enable me to satisfy costs orders made against me in the present matter.
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