Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dubow v Official Receiver (NSW) [2013] FCA 709 Citation: Dubow v Official Receiver (NSW) [2013] FCA 709
Appeal from: Dubow v Official Receiver & Anor [2013] FMCA 217
Parties: YOLANDE VICTORIA FRANCES DUBOW v OFFICIAL RECEIVER and ANDREW BARNDEN
File number: QUD 203 of 2013
Judge: COLLIER J
Date of judgment: 19 July 2013
Catchwords: PRACTICE AND PROCEDURE – Costs – security for costs of appeal – different considerations where security for costs sought in appeal – whether bankrupt should provide security for costs to trustee in bankruptcy – risk that costs order will not be satisfied – duty of trustee in bankruptcy – irrelevant that trustee in bankruptcy did not enter appearance or file evidence at trial – relevant discretionary factors
Legislation: Bankruptcy Act 1966 (Cth) ss 19(1)(j), 55, 153B, 154, 160, 181A Federal Court of Australia Act 1976 (Cth) s 56(1) Federal Court Rules 2011 (Cth) r 36.09
Cases cited: Abram v Bank of New Zealand (1996) ATPR 41-507; [1996] FCA 635 cited Adsett v Berlouis (1992) 37 FCR 201 cited Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 cited Clack v Collins (No 1) [2010] FCA 513 cited Dye v Commonwealth Securities Limited [2012] FCA 992 cited Soh v Commonwealth of Australia [2008] FCA 1524 cited Thomson v STX Pan Ocean Co Ltd [2011] FCA 254 cited
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