Moussa v Commonwealth Bank of Australia [2011] FCA 67

FEDERAL COURT OF AUSTRALIA

Moussa v Commonwealth Bank of Australia [2011] FCA 67 Citation: Moussa v Commonwealth Bank of Australia [2011] FCA 67

Parties: MR MARIO MOUSSA v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

File number(s): VID 644 of 2010

Judge: TRACEY J

Date of judgment: 9 February 2011

Legislation: Bankruptcy Act 1966 (Cth) s 40 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28, O 52 r 20

Cases cited: Burgess v Centrelink (2007) 159 FCR 500 cited New South Wales v Canellis (1994) 181 CLR 309 referred

Date of hearing: 9 February 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 31

Counsel for the Appellant: The Appellant did not appear

Counsel for the Respondent: Mr M Testart

Solicitor for the Respondent: Gadens Lawyers

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 644 of 2010

BETWEEN: MR MARIO MOUSSA

Appellant

AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

Respondent

JUDGE: TRACEY J DATE OF ORDER: 9 February 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appellant provide security for the costs of the respondent to the appeal in the amount of $15,000, such security to be provided in a form acceptable to the District Registrar. 2. If security is not provided on or before 28 February 2011 the appeal stand dismissed. 3. The appellant pay the respondent's costs of the motion. 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.