Pleash (Liquidator) v Tucker [2018] FCA 168

FEDERAL COURT OF AUSTRALIA

Pleash (Liquidator) v Tucker [2018] FCA 168 File number(s): QUD 2 of 2018

Judge(s): GREENWOOD J

Date of judgment: 26 March 2018

Catchwords: APPEAL AND NEW TRIAL – consideration of an application for security for costs of an application for leave to appeal to be heard together with the appeal

Legislation: Federal Court of Australia Act 1976 (Cth), ss 37N, 37P, 56

Date of hearing: 19 March 2018

Date of last submissions: 19 March 2018

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 44

Counsel for the Applicant: Mr J Peden QC

Solicitor for the Applicant: Russells

Counsel for the Respondents: Mr P Hackett

Solicitor for the Respondents: Tucker & Cowen Solicitors

ORDERS QUD 2 of 2018

BETWEEN: BLAIR ALEXANDER PLEASH AND RICHARD ALBARRAN, AS LIQUIDAOTRS OF EQUITITRUST LIMITED ACN 061 383 944 (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) Applicant

AND: DAVID ROBERT WALTER TUCKER First Respondent

VIKWOOD PTY LTD Second Respondent

TUCKER FINANCE PTY LTD (and others named in the Schedule) Third Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 26 MARCH 2018

THE COURT ORDERS THAT:

1. The applicant give security for the costs of the application for leave to appeal filed on 4 January 2018 and the appeal in the sum of $55,000.00 (the "security") by way of the applicant paying the security into the Trust Account of Russells solicitors within 10 days. 2. Should the applicant fail to comply with the order to provide security, the application for leave to appeal and the appeal be stayed until further order. 3. The applicant pay the costs of the respondents (as applicants on the interlocutory application for an order for security for costs) of and incidental to the application for security for costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.