Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cosdean Investments Pty Ltd v Football Federation Australia Limited (No 5) [2007] FCA 1792
PRACTICE AND PROCEDURE – motion to set aside order dismissing application where security for costs not paid PRACTICE AND PROCEDURE – motion to extend time in which to appeal from security for costs order – where no explanation as to delay in appealing – whether purported change in circumstances would support appeal – where insufficient evidence to support purported change in circumstances HELD – motion to set aside order dismissing application for failure to pay security for costs refused Federal Court Rules 1976 (Cth) Munn v Queensland(2001) 115 FCR 109 cited RD Werner & Co Inc v Bailey Aluminium Products Pty Ltd (1988) 18 FCR 389 cited Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 cited Metwally v University of Wollongong (1985) 60 ALR 68 cited Wentworth v Woollahra Municipal Council (1982) 149 CLR 672 cited Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435 cited House v The King (1936) 55 CLR 499 cited COSDEAN INVESTMENTS PTY LTD v FOOTBALL FEDERATION AUSTRALIA LTD AND SOCCER NSW LIMITED SAD 114 OF 2006
MANSFIELD J
23 NOVEMBER 2007
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 114 OF 2006
BETWEEN: COSDEAN INVESTMENTS PTY LTD
Applicant
AND: FOOTBALL FEDERATION AUSTRALIA LTD
First Respondent
SOCCER NSW LIMITED
Second Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 23 NOVEMBER 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The orders sought by the applicant in its notice of motion of 23 July 2007 are refused. 2. The applicant pay to the respondents their costs of and incidental to the applicant's notice of motion. 3. The time by which the applicant do pay the further sums for security for costs ordered to be paid on 14 February 2007, as extended from time to time, be further extended to 30 November 2007. 4. In the event that such further sums for such security for costs are not paid by 30 November 2007, the proceeding 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
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