Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clapham v Commonwealth Bank of Australia [2012] FCA 1452 Citation: Clapham v Commonwealth Bank of Australia [2012] FCA 1452
Appeal from: Commonwealth Bank of Australia v Clapham [2012] FCA 1068
Parties: IAN ROBERT CLAPHAM and ELLEN PATRICIA CLAPHAM v COMMONWEALTH BANK OF AUSTRALIA
File number: NSD 1456 of 2012
Judge: NICHOLAS J
Date of judgment: 19 December 2012
Catchwords: PRACTICE AND PROCEDURE – application by respondent for security for costs of appeal – appeal against sequestration order pursuant to which appellants made bankrupt – where order for security would terminate appeal without determination of its merits – whether order for security for costs should be made – application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g)
Cases cited: Commonwealth Bank of Australia v Clapham [2012] NSWSC 41 Clapham & Anor v Commonwealth Bank of Australia [2012] FMCA 498 House v The King (1936) 55 CLR 499 Hood Barrs v Heriot [1896] 2 QB 375
Date of hearing: 12 December 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellants: The first appellant appeared in person and on behalf of the second appellant
Counsel for the Respondent: D Sulan
Solicitor for the Respondent: HWL Ebsworth Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1456 of 2012
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
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