Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1334 APPEALS – security for costs – impecunious appellant – self represented – extensive notice of appeal – wide ranging factual challenges – lengthy and expensive hearing – costs unlikely to be recovered – costs of trial at first instance unlikely to be recovered in any event – principles governing discretion – security for costs ordered Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28, O 52 Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 853 cited March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 cited KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 cited Cowell v Taylor [1885] 31 Ch D 34 cited Bethune v Porteous [1892] 18 VLR 493 cited Wiest, EA v Director of Public Prosecutions [1988] FCA 568 cited Paton, S v Campbell Capital Ltd [1993] FCA 449 cited J & M O'Brien Enterprises Pty Ltd v The Shell Company of Australia Limited (No 2) (1983) 70 FLR 261 cited Lucas v Yorke (1983) 50 ALR 228 cited Cummings, JB v Lewis, MT & Ors [1991] FCA 772 cited Endormer Pty Ltd (In Liq) v Australian Guarantee Corporation Ltd [2001] FCA 510 cited KAREN CAREY-HAZELL v GETZ BROS & CO (AUST) PTY LIMITED, PETER THOMPSON and TREVOR NICHOLLS W176 OF 2004 FRENCH J 15 OCTOBER 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W176 OF 2004
BETWEEN: KAREN CAREY- HAZELL
APPELLANT
AND: GETZ BROS & CO (AUST) PTY LTD
FIRST RESPONDENT
PETER THOMPSON
SECOND RESPONDENT
TREVOR NICHOLLS
THIRD RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 15 OCTOBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT:
On the First Respondent's amended motion filed in Court 28 September 2004 and the Second and Third Respondents' motion filed 26 August 2004:
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