Asden Developments Pty Ltd (in liquidation) v Dinoris [2017] FCA 37

FEDERAL COURT OF AUSTRALIA

Asden Developments Pty Ltd (in liquidation) v Dinoris [2017] FCA 37 Appeal from: Asden Developments Pty Ltd (in liq) v Dinoris (No 4) [2016] FCA 1001

File number: QUD 704 of 2016

Judge: MARKOVIC J

Date of judgment: 30 January 2017

Legislation: Corporations Act 2001 (Cth) s 180(1) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 36.09

Cases cited: Dye v Commonwealth Securities Limited [2012] FCA 992

Date of hearing: 30 January 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 22

Counsel for the Appellant: Mr M Martin QC

Solicitor for the Appellant: Mills Oakley Lawyers

Counsel for the Respondents: Mr I Erskine

Solicitor for the Respondents: HBM Lawyers

ORDERS QUD 704 of 2016

BETWEEN: ASDEN DEVELOPMENTS PTY LTD (IN LIQUIDATION) ACN 115 851 833 Appellant

AND: PETER DINORIS First Respondent

NICK COMBIS Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 30 JANUARY 2017

THE COURT ORDERS THAT:

1. Within 14 days of the date of these orders the appellant give security for the respondents' costs of the appeal in the sum of $80,000 by: (a) paying the money into Court; or (b) providing to the Queensland District Registrar of this Court (Registrar) an unconditional bank guarantee from an Australian owned bank (as recognised by the Australian Prudential Regulation Authority) in a form acceptable to the Registrar. 2. In the event that security is not provided in accordance with the terms of Order 1, the appeal be stayed. 3. The costs of the interlocutory application filed on 20 December 2016, insofar as it seeks orders for security for costs, shall be the respondents' costs in the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.