Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Kitay [2019] FCA 624 Appeal from: Application for extension of time: Kitay, in the matter of Frigger (No 2) [2018] FCA 1032
File number: WAD 492 of 2018
Judge: MCKERRACHER J
Date of judgment: 6 May 2019
Catchwords: COSTS – application for security for costs – application in relation to the costs of defending an application for leave to extend the time within which to appeal – whether the Court lacks jurisdiction to award security for costs against an applicant in the Court's appellate jurisdiction – whether discretionary considerations favour an award of security for costs – where the history of proceedings favour an award of security for costs – where different principles apply in relation to ordering security for costs in a first instance matter rather than at an appellate level – where the Court not satisfied the applicants are unable to satisfy the costs sought
Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 56(1) Federal Court Rules 2011 (Cth) rr 19.01,19.02, 36.09
Cases cited: AUF15 v Minister for Immigration and Border Protection [2016] FCA 115 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (2014) 226 FCR 240 Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317 Equity Access Ltd v Westpac Banking Corporation [1989] FCA 361 Fernance v Nominal Defendant (1989) 17 NSWLR 710 Frigger v Banning [2016] FCA 359 Frigger v Banning (No 2) [2016] FCA 749 Frigger v Clavey Legal Pty Ltd (No 2) [2015] WASCA 258 Frigger v Clavey Legal Pty Ltd [2016] WASCA 67 Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 2) [2018] FCA 612 Frigger v Mervyn Jonathan Kitay in his capacity as Liquidator of Computer Accounting & Tax Pty Ltd (In Liquidation) [No 9] [2016] WASC 92 Frigger v Kitay [2016] WASCA 173 Frigger v Mervyn Jonathan Kitay in his capacity as Liquidator of Computer Accounting & Tax Pty Ltd (in liq) [2016] WASCA 204 Frigger v Kitay [2017] FCA 1278 Frigger v Professional Services of Australia Pty Ltd [2015] WASCA 3 Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1994) 3 FCR 344 Impex Pty Ltd v Crowner Products Ltd (1994) 13 ACSR 440 Maher v Official Trustee in Bankruptcy [2013] FCA 1143 Mecrus Pty Ltd (ACN 088 126 756) v Industrial Energy Pty Ltd (ACN 080 687 681) (2015) 327 ALR 523 Mulhern v Pearce (No 2) [2014] FCA 805 Patdith Services Pty Ltd v Mitronics Corporation Pty Ltd [2016] FCA 1315 SZQGO v Minister for Immigration and Citizenship [2012] FCA 177 Tran v The Commonwealth [2009] FCA 921 Vaysman v Deckers Outdoor Corporation Inc (2014) 222 FCR 387
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