Ng v Van Der Velde [2010] FCA 89

FEDERAL COURT OF AUSTRALIA

Ng v Van Der Velde [2010] FCA 89 Citation: Ng v Van Der Velde [2010] FCA 89

Parties: KYM HON TOKE NG v TERRY VAN DER VELDE AND DAVID STIMPSON and RIBY PTY LTD (ACN 081 153 219) IN LIQUIDATION AS TRUSTEE FOR THE JADE TRUST

File number: QUD 4 of 2010

Judge: REEVES J

Date of judgment: 17 February 2010

Catchwords: PRACTICE AND PROCEDURE – Judgment and Orders – Stay of execution – Consideration of whether the Appellant demonstrated an appropriate case – Special or exceptional circumstances not necessary – Whether the appeal will be rendered nugatory if stay not granted is a relevant factor PRACTICE AND PROCEDURE – Security for costs – Approach to impecuniosity of appellant fundamentally different on appeal – Consideration of what amounts to impecuniosity – Consideration of appellant's prospects of success of appeal – Only a preliminary assessment is needed – Does the appellant have an arguable case PRACTICE AND PROCEDURE – Application for leave to adduce new factual and legal issues on appeal – Adequate explanation for failure to raise these issues at first instance is needed – Consideration of whether the new issues have merit – Consideration of whether the respondent will suffer any prejudice if leave granted and whether that can be remedied

Legislation: Corporations Act 2001 (Cth), ss 468, 588FE, 588FG Federal Court Rules, O 28 r 3, O 32 r 2(2), O 52 r 17, O 52 r 21, O 52 r 36 Federal Court of Australia Act 1976 (Cth), s 56 Family Law Act 1975 (Cth)