Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tyne v UBS AG (No 2) [2014] FCA 1228 Citation: Tyne v UBS AG (No 2) [2014] FCA 1228
Parties: SCOTT FRANCIS TYNE AS TRUSTEE OF THE ARGOT TRUST and CLARE ELIZABETH MARKS v UBS AG
File number(s): QUD 10 of 2014
Judge(s): GREENWOOD J
Date of judgment: 13 November 2014
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for security for costs by a respondent in circumstances where the first applicant in the proceeding is an individual who is the trustee of a unit trust – consideration of the circumstances of impecuniosity on the part of the trustee COSTS – consideration of whether the Court has power to award costs to a self represented litigant in circumstances where the litigant has been admitted as a barrister of a state Supreme Court but has never held a practising certificate
Legislation: Federal Court of Australia Act 1976 (Cth), ss 43, 56, 59 Federal Court Rules 2011, rr 1.51, 40.01, 40.02, 40.29; Div 40.2; Pt 40; Schs 2, 3 Judiciary Act 1903 (Cth), ss 55B, 55C Legal Profession Act 2004 (NSW), ss 4, 5, 6, 14
Cases cited: Cachia v Hanes (1994) 179 CLR 403 – cited and quoted George v Fletcher (Trustee) (No 2) [2010] FCAFC 71 – cited and quoted Guss v Veenhuizen (No 2) (1976) 136 CLR 47 – cited and quoted London Scottish Benefit Society v Chorley (1884) 13 QBD 872 – cited Tyne v UBS AG [2014] FCA 1073 – cited and quoted Von Reisner v Commonwealth (No 2) (2009) 262 ALR 430 – cited
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