Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McClymont v The Owners – Strata Plan No 12139 [2010] FCA 358 Citation: McClymont v The Owners – Strata Plan No 12139 [2010] FCA 358
Appeal from: McClymont & Anor v The Owners – Strata Plan No 12139 [2009] FMCA 1079
Parties: GRAHAM JAMES MCCLYMONT & SELMA MARIA MCCLYMONT v THE OWNERS - STRATA PLAN NO 12139
File number(s): NSD 1323 of 2009
Judge: BUCHANAN J
Date of judgment: 16 April 2010
Catchwords: COSTS – application to withdraw consent to provide security for costs – what the interests of justice require – application dismissed APPEAL – security for costs – whether appellant should be permitted to withdraw consent to provide security for costs – what the interests of justice require in connection with the conduct of the appeal – application dismissed
Date of hearing: 9 April 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellants: The First Appellant appeared in person
Solicitor for the Respondent: Grace Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1323 of 2009
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: GRAHAM JAMES MCCLYMONT & SELMA MARIA MCCLYMONT
Appellants
AND: THE OWNERS - STRATA PLAN NO 12139
Respondent
JUDGE: BUCHANAN J
DATE OF ORDER: 16 APRIL 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appellants' notice of motion filed on 30 March 2010 be dismissed. 2. Costs are reserved.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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