Carey v Freehills [2014] FCA 325

FEDERAL COURT OF AUSTRALIA

Carey v Freehills [2014] FCA 325 Citation: Carey v Freehills [2014] FCA 325

Appeal from: Carey v Freehills [2013] FCA 954

Parties: NORMAN PHILLIP CAREY & ORS (ACCORDING TO ATTACHED SCHEDULE) v FREEHILLS

File number(s): VID 1350 of 2013

Judge(s): MARSHALL J

Date of Judgment: 1 April 2014 Legislation: Federal Court of Australia Act 1976 (Cth) s 56

Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Clack v Collins (No 1) [2010] FCA 513 Equity Access Ltd v Westpac Banking Corporation (1984) ATPR 40-972 Moore v Macks [2007] FCA 509 Skyring v Sweeney [1999] FCA 61 Tait v Bindal People [2002] FCA 322

Date of hearing: 1 April 2014 Place: Melbourne (via telephone link to Perth) Division: GENERAL DIVISION Category: No Catchwords

Number of paragraphs: 18

Counsel for the appellants: Arthur Metaxas

Solicitor for the appellants: Metaxas & Hager

Counsel for the respondent: David Klempfner

Solicitor for the respondent: Colin Biggers & Paisley

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1350 of 2013

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA BETWEEN: NORMAN PHILLIP CAREY & ORS (ACCORDING TO ATTACHED SCHEDULE)

Appellants

AND: FREEHILLS

Respondent

JUDGE: MARSHALL J DATE OF ORDER: 1 APRIL 2014 WHERE MADE: MELBOURNE (VIA TELEPHONE LINK TO PERTH)

THE COURT ORDERS THAT:

1. On or before 17 April 2014, the appellants give security for the respondent's costs of the appeal in the sum of $148,000 in a form acceptable to the Victoria District Registrar of the Court. 2. Failing compliance with order 1, the appeal is stayed, subject to further order. 3. The appellants pay the respondent's costs of the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.