Nati v Bunt (No 2) [2013] FCA 325

FEDERAL COURT OF AUSTRALIA

Nati v Bunt (No 2) [2013] FCA 325 Citation: Nati v Bunt (No 2) [2013] FCA 325

Appeal from: Bunt v Nati [2012] FCA 1089

Parties: ROBERT NATI and YING JIA DAI v GREGORY JOHN BUNT

File number: NSD 1690 of 2012

Judge: PERRAM J

Date of judgment: 11 April 2013

Catchwords: SECURITY FOR COSTS – Whether security for costs on appeal should be awarded – Prospects of success of appellants – Impecuniosity – Stifling of proceedings

Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g) Federal Court of Australia Act 1976 (Cth) s 56(1)

Cases cited: Bunt v Nati [2012] FCA 1089 Dye v Commonwealth Securities Limited [2012] FCA 992 Nati v Bunt [2013] FCA 159

Date of hearing: 5 April 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Appellants: Ms S Haddad

Solicitor for the Appellants: Shijing Zhang Lawyers

Counsel for the Respondent: Mr M Condon SC

Solicitor for the Respondent: Price & Company

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1690 of 2012

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ROBERT NATI

First Appellant

YING JIA DAI

Second Appellant

AND: GREGORY JOHN BUNT

Respondent

JUDGE: PERRAM J DATE OF ORDER: 11 APRIL 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 56(1) of the Federal Court of Australia Act 1976 (Cth) the appellants pay $20,000 for security for costs by way of bank guarantee or cash deposit within seven days. 2. If order 1 is not satisfied the appeal be stayed until further order. 3. The costs of the present application be borne by the appellants. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.