Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moore v Macks [2007] FCA 509
SECURITY FOR COSTS OF APPEAL – no point of principle Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1975 (Cth) Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 cited Croker v Deputy Registrar of the High Court of Australia [2003] FCA 681 cited Upton v Tasmanian Perpetual Trustees Pty Ltd [2006] FCA 1336 cited Cowell v Taylor (1885) 31 Ch D 34 cited Skyring v Sweeney [1999] FCA 61 cited Re Alafaci; Registrar in Bankruptcy v Hardwick (1976) 9 ALR 262 discussed DAVID GERALD MOORE v PETER IVAN MACKS SAD 84 OF 2006 DAVID GERALD MOORE v PETER IVAN MACKS SAD 7 OF 2007
MANSFIELD J
10 APRIL 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 84 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DAVID GERALD MOORE
Appellant
AND: PETER IVAN MACKS
Respondent
SAD 7 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: DAVID GERALD MOORE
Appellant
AND: PETER IVAN MACKS
Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 10 APRIL 2007
WHERE MADE: ADELAIDE
IN SAD 84 OF 2006 THE COURT ORDERS THAT:
1. The appellant is to provide security of $4000 for the costs incurred and to be incurred by the respondent in the appeal, such security to be provided by paying the sum of $4000 into Court on or before 24 April 2007. 2. The hearing of the appeal is stayed until such security is provided or until further order. 3. The costs of the respondent's notice of motion are the respondent's costs on the appeal. 4. The respondent's notice of motion is stood over to a date to be fixed with liberty to apply. IN SAD 7 OF 2007 THE COURT ORDERS THAT: 1. The appellant is to provide security of $4200 for the costs to be incurred by the respondent in the appeal, such security to be provided by paying the sum of $4200 into Court on or before 24 April 2007. 2. The hearing of the appeal is stayed until such security is provided or until further order. 3. The costs of the respondent's notice of motion are the respondent's costs on the appeal. 4. The respondent's notice of motion is stood over to a date to be fixed with liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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