Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Shire of Kellerberrin (No 9) [2016] FCA 472 File number: WAD 734 of 2015
Judge: MORTIMER J
Date of judgment: 5 May 2016
Catchwords: COSTS – application for security for costs – principles applicable to order for security for costs on an appeal – whether order for security would stultify appeal – whether appellant impecunious – whether the impecuniosity of the appellant arises out of the conduct that is the subject of the appeal
Legislation: Federal Court of Australia Act 1976 (Cth) ss 43, 56 Federal Court Rules 2011 (Cth) r 36.09 Trade Practices Act 1974 (Cth)
Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Dye v Commonwealth Securities Ltd [2012] FCA 992 Fox v Percy [2003] HCA 22; 214 CLR 118 Kiefel v State of Victoria [2014] FCA 604 Madgwick v Kelly [2013] FCAFC 61; 212 FCR 1 Nyoni v Chee Koon Hee (No 4) [2013] FCA 948 Nyoni v Shire of Kellerberrin (No 7) [2016] FCA 135 Nyoni v Shire of Kellerberrin (No 8) [2016] FCA 245 Warren v Coombes [1979] HCA 9; 142 CLR 531
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