Freeman v National Australia Bank Limited [2004] FCA 601

FEDERAL COURT OF AUSTRALIA

Freeman v National Australia Bank Limited [2004] FCA 601

PRACTICE AND PROCEDURE – application for security for costs – relevant considerations in deciding whether security for costs should be awarded – context of extensive litigation between the parties – ten previous unsatisfied costs orders Federal Court of Australia Act 1976 (Cth) s 56 Trade Practices Act 1974 (Cth) Federal Court Rules O 52 r 20 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 considered Bates v Omareef Pty Ltd & Ors [1998] FCA 536 considered Cowell v Taylor (1885) 31 Ch D 34 referred to King v The Commercial Bank of Australia Limited (1920) 28 CLR 289 considered LYNTON NOEL CHARLES FREEMAN v NATIONAL AUSTRALIA BANK LIMITED and MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON as Trustees of the Bankrupt Estate of Lynton Noel Charles Freeman No Q 45 of 2004 SPENDER J BRISBANE 7 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 45 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: LYNTON NOEL CHARLES FREEMAN

APPELLANT

AND: NATIONAL AUSTRALIA BANK

FIRST RESPONDENT

MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON as Trustees of the Bankrupt Estate of Lynton Noel Charles Freeman

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 7 MAY 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Unless security is provided in the sum of $5000 to the satisfaction of the Registrar by 4.00 pm on Friday 21 May 2004, the appeal be stayed. 2. The applicant on the motion have its costs of and incidental to it, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA