Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheather v Staples Waste Removals Pty Limited [2012] FCA 998 Citation: Sheather v Staples Waste Removals Pty Limited [2012] FCA 998
Appeal from: Staples Waste Removals Pty Ltd v Arev Computer Centre Pty Ltd & Ors (No 2) [2012] FMCA 214
Parties: JOHN ALICK SHEATHER v STAPLES WASTE REMOVALS PTY LIMITED and SVEN EDWIN BJORNSSON SVEN EDWIN BJORNSSON v STAPLES WASTE REMOVALS PTY LIMITED and JOHN ALICK SHEATHER
File numbers: NSD 716 of 2012 NSD 747 of 2012
Judge: NICHOLAS J
Date of judgment: 11 September 2012
Catchwords: PRACTICE AND PROCEDURE – applications for security for costs – corporate respondent to appeals seeks security for costs – appellants natural persons – relevant considerations – whether orders for security will stultify appeals – security for costs ordered PRACTICE AND PROCEDURE – applications for stay of execution – where risk that corporate respondent will be unable to repay judgment debts if paid by appellants before determination of appeals – stay of execution granted until determination of appeals conditional upon appellants providing security for costs in accordance with other orders
Legislation: Trade Practices Act 1974 (Cth) ss 52, 75B(1)(c) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 r 36.08, r 36.09
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