Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemppi v Adani Mining Pty Ltd [2018] FCA 2012 Appeal from: Kemppi v Adani Mining Pty Ltd (No 4) [2018] FCA 1245
File number: QUD 638 of 2018
Judge: ROBERTSON J
Date of judgment: 18 December 2018
Catchwords: PRACTICE AND PROCEDURE – appeal to Full Court – application by first respondent for security for costs of the appeal – where appellants impecunious – application of considerations relevant to the exercise of the power in s 56 of the Federal Court of Australia Act 1976 (Cth) – appropriate amount of security in relation to uncomplicated appeal – appropriate period within which security to be given
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Native Title Act 1993 (Cth) s 203BE(5) Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth) r 7(2)(e)
Cases cited: Domino's Pizza Enterprises Ltd v Precision Tracking Pty Ltd (No 2) [2017] FCA 211 Equity Access Ltd v Westpac Banking Corporation [1989] FCA 361; (1989) ATPR 40-972 Kemppi v Adani Mining Pty Ltd (No 4) [2018] FCA 1245; 360 ALR 697 Renshaw v Queensland Mining Corporation [2016] FCA 994
Date of hearing: 18 December 2018
Registry: Queensland
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 58
Counsel for the Appellants: Mr SJ Keim SC with Mr DM Yarrow
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