Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thomson v STX Pan Ocean Co Ltd [2011] FCA 254 Citation: Thomson v STX Pan Ocean Co Ltd [2011] FCA 254
Appeal from: STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd (No 2) [2010] FCA 1240 STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd (No 3) [2010] FCA 1374
Parties: DAVID JOHN THOMSON v STX PAN OCEAN CO LTD
File number(s): NSD 1767 of 2010
Judge: JAGOT J
Date of judgment: 23 March 2011
Catchwords: COSTS – security for costs of appeal – whether appellant should provide security for costs – whether appellant impecunious – whether order for security for costs would stifle appeal while allowing cross-appeal to proceed – relevance of fact that appellant was defendant in proceeding below – whether estimate of costs of appeal excessive
Legislation: Federal Court of Australia Act 1976 (Cth)
Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Clack v Collins (No 1) [2010] FCA 513 Cowell v Taylor (1885) 31 Ch D 34 John Caines Management Pty Ltd v Adrenaline International Powersports Pty Ltd [2004] FCA 747 Moore v Macks [2007] FCA 509 Paton v Campbell Capital Limited [1993] FCA 449 Skyring v Sweeney [1999] FCA 61 Smith v Madden (1946) 73 CLR 129 Soh v Commonwealth of Australia [2008] FCA 1524 STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd (No 2) [2010] FCA 1240 STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd (No 3) [2010] FCA 1374
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