Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maher v Official Trustee in Bankruptcy [2014] FCA 113 Citation: Maher v Official Trustee in Bankruptcy [2014] FCA 113
Appeal from: Application for leave to appeal: Maher v Official Trustee in Bankruptcy [2013] FCA 1143
Parties: DENNIS MAHER v THE OFFICIAL TRUSTEE IN BANKRUPTCY and COMMONWEALTH BANK OF AUSTRALIA ABN 48 123 123 124
File number: VID 1223 of 2013
Judge: MURPHY J
Date of judgment: 19 February 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal against decision to order security for costs – applicant impecunious – whether leave to appeal should be granted
Legislation: Federal Court of Australia Act 1976 (Cth) – s 37M(1)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bright v Femcare Ltd and Anor (2002) 195 ALR 574 Caraher v Gillespie (1906) 23 WN (NSW) 161 Commonwealth Bank of Australia & Ors v Maher [2008] FMCA 1280 Co-Operative Farmers' and Graziers' Direct Meat Supply Ltd v Smart [1977] VR 386 DÉcor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DJE Constructions Pty Ltd v Maddocks (1981) 38 ALR 185 House v The King (1936) 55 CLR 499 Lines v Tana Pty Ltd [1987] VR 641 Lucas v Yorke and Anor (1983) 50 ALR 228 Lynnebry Pty Ltd v Farquhar Enterprises Pty Ltd (1977) 3 ACLR 133 Maher v Commonwealth Bank of Australia [2007] FMCA 400 Maher v Official Trustee in Bankruptcy [2013] FCA 1143 Pearson v Naydler [1977] 3 All ER 531 Tradestock Pty Ltd v TNT (Management) Pty Ltd (1977) 14 ALR 52 Transport Workers Union v Leon Laideely Pty Ltd (1980) 28 ALR 589
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