MYVC v Director-General of Security [2015] FCA 1521

FEDERAL COURT OF AUSTRALIA

MYVC v Director-General of Security [2015] FCA 1521 Citation: MYVC v Director-General of Security [2015] FCA 1521

Appeal from: MYVC v Director-General of Security [2014] FCA 1447

Parties: MYVC v DIRECTOR-GENERAL OF SECURITY, MINISTER FOR FOREIGN AFFAIRS and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 165 of 2015

Judge: WIGNEY J

Date of judgment: 4 May 2015

Catchwords: PRACTICE AND PROCEDURE – appeals – interlocutory application – application for an order for security for costs of an appeal pursuant to s 56 of the Federal Court of Australia Act 1975 (Cth) and r 36.09 of the Federal Court Rules 2011 (Cth) – principles and rules relevant to an application for security for costs of an appeal – whether an order for security for costs is appropriate – relevant considerations in determining whether the Court should exercise its discretion in favour of an order for security for costs – where the appellant is not ordinarily resident in Australia – where there is no evidence that the appellant has any assets in Australia – where appellant has led evidence of assets and income overseas to enable the provision of security and to prosecute the appeal – whether any adverse costs order against the appellant could be enforced under the Foreign Judgments Act 1991 (Cth) – whether appeal concerns an issue of public importance – interests of justice favouring the granting of the application for security for costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 39A, 39A(8), 39A(9), 44 Australian Passports Act 2005 (Cth), ss 14(1), 22(2)(d) Australian Security Intelligence Organisation Act 1979 (Cth), ss 4, 17(1)(c), 37(1) Federal Court of Australia Act 1976 (Cth), ss 24, 56 Federal Court Rules 2011 (Cth), rr 36.01(2)(c), 36.09, 36.11 Foreign Judgments Act 1991 (Cth)