Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Salfinger v Napiat Pty Ltd [2012] FCA 247 Citation: Salfinger v Napiat Pty Ltd [2012] FCA 247
Appeal from: Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 7) [2011] FCA 1322
Parties: RODERICK NEIL SALFINGER v NAPIAT PTY LTD
File number: NSD 2225 of 2011
Judge: NICHOLAS J
Date of judgment: 19 March 2012
Catchwords: PRACTICE AND PROCEDURE – security for respondent's costs of appeal – appeal against sequestration order pursuant to which appellant/bankrupt made bankrupt – where appellant resident out of the jurisdiction – where no statement of affairs filed by appellant – whether security for costs should be ordered
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 r 36.09 Bankruptcy Act 1966 (Cth) s 54(1), Pt VII Div 5
Cases cited: Hood Barrs v Heriot [1896] 2 QB 375 (CA) J & M O'Brien Enterprises Pty Ltd v The Shell Co of Australia Ltd (No 2) (1983) 70 FLR 261
Date of hearing: 8 March 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Appellant: Mr AP Cheshire
Solicitor for the Appellant: Gye Associates Lawyers
Counsel for the Respondent: The respondent appeared in person by telephone
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2225 of 2011
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: RODERICK NEIL SALFINGER
Appellant
AND: NAPIAT PTY LTD
Respondent
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