Kowalski v Domestic Violence Crisis Service [2003] FCA 1267

FEDERAL COURT OF AUSTRALIA

Kowalski v Domestic Violence Crisis Service [2003] FCA 1267

STAN LECH KOWALSKI v DOMESTIC VIOLENCE CRISIS SERVICE A 18 OF 2003 STONE J 7 NOVEMBER 2003 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 18 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: STAN LECH KOWALSKI

APPELLANT

AND: DOMESTIC VIOLENCE CRISIS SERVICE

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 7 NOVEMBER 2003

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. Unless the appellant provides security for the costs of the respondent in the appeal in an amount of $5,000 in a form satisfactory to the Registrar on or before 8 December 2003, the appeal is to be stayed until further order.

2. Subject to order 3, the costs order made in the Federal Magistrates Court on 20 June 2003 be stayed pending the outcome of the appeal in this proceeding.

3. If security for costs is not provided in accordance with order 1, the costs that are the subject of the costs order made in the Federal Magistrates Court on 20 June 2003 be paid on or before 31 December 2003.

4. The parties have liberty to apply on 48 hours' notice.

5. The appellant must pay the respondent's costs of and incidental to the notices of motion of the appellant and the respondent and the application for leave to issue subpoenas. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 18 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: STAN LECH KOWALSKI

APPELLANT

AND: DOMESTIC VIOLENCE CRISIS SERVICE

RESPONDENT

JUDGE: STONE J

DATE: 7 NOVEMBER 2003