Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barlaw Pty Ltd v Crouch (Trustee) [2011] FCA 1149 Citation: Barlaw Pty Ltd v Crouch (Trustee) [2011] FCA 1149
Appeal from: Barlaw Pty Ltd v Crouch [2011] FMCA 384
Parties: BARLAW PTY LTD TRADING AS BARRAK LAWYERS v NICHOLAS CROUCH AS TRUSTEE OF THE ESTATE OF MARK ANTHONY BARTOLO
File number: NSD 1387 of 2011
Judge: FOSTER J
Date of judgment: 4 October 2011
Catchwords: PRACTICE AND PROCEDURE – appeal – whether security for the respondent's costs of an appeal from a Federal Magistrate should be ordered
Legislation: Bankruptcy Act 1966 (Cth), s 180 Corporations Act 2001 (Cth), s 1335 Federal Court of Australia Act 1976 (Cth), s 56
Date of hearing: 4 October 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 19
Solicitor for the Applicant: Mr B Barrak of Barrak Lawyers
Counsel for the Respondent: Mr AP Spencer
Solicitor for the Respondent: Matthews Folbigg Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1387 of 2011
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BARLAW PTY LTD TRADING AS BARRAK LAWYERS (ACN 128 139 935)
Appellant
AND: NICHOLAS CROUCH AS TRUSTEE OF THE ESTATE OF MARK ANTHONY BARTOLO
Respondent
JUDGE: FOSTER J DATE OF ORDER: 4 OCTOBER 2011 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appellant provide security for the respondent's costs of the appeal in the amount of $35,000, such security to be provided within 28 days of today's date by way of cash payment to the Registrar of the Court, such amount to stand as security for the respondent's costs of the appeal and not to be disbursed without a prior order of the Court. 2. In the event that the security is not provided within the timeframe ordered above, the proceeding be stayed. 3. The costs of the respondent's Interlocutory Application filed on 8 September 2011 be the respondent's costs in the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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