Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387

FEDERAL COURT OF AUSTRALIA

Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387 File number: VID 733 of 2011

Judge: JESSUP J

Date of judgment: 15 April 2016

Catchwords: PRACTICE AND PROCEDURE – Proceeding stayed upon order pending provision of security – security not provided – proceeding dismissed on Judge's initiative pursuant to rr 1.40(a) and 19.01(1)(c) of the Federal Court Rules 2011

Legislation: Federal Court Rules 2011 rr 1.40, 19.01

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 3

ORDERS VID 733 of 2011

BETWEEN: DENNIS MAHER Applicant

AND: THE OFFICIAL TRUSTEE IN BANKRUPTCY First Respondent

COMMONWEALTH BANK OF AUSTRALIA Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 15 APRIL 2016

THE COURT ORDERS THAT:

1. Pursuant to Rule 19.01(1)(c) of the Federal Court Rules 2011 the proceeding be dismissed. 2. The parties file and serve brief written submissions on costs as follows: (a) the respondents, within 14 days; (b) the applicant, within a further 14 days; (c) the respondents in reply, if necessary, within a further 7 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

JESSUP J: 1 On 8 November 2013, I ordered that the applicant provide security for the costs of the second respondent and that, pending the provision of security, the proceeding be stayed. Security was not provided, and nothing further has happened in the proceeding. 2 Acting of my own initiative under r 1.40(a) of the Federal Court Rules 2011, and having given the parties the opportunity to file written submissions on the matter, I propose to exercise the power for which r 19.01(1)(c) of those rules provides and order that the proceeding be dismissed. 3 I have laid out a timetable for the parties to make written submissions as to costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup.