Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Von Schoeler v Allen Taylor and Co trading as Boral Timber [2019] FCA 941 Appeal from: Von Schoeler v Alan Taylor & Company Trading As Boral Timber & Ors [2018] FCCA 3932
File number: QUD 148 of 2019
Judge: RANGIAH J
Date of judgment: 17 June 2019
Catchwords: PRACTICE & PROCEDURE – application for security for costs of appeal – appellant impecunious – prospects of success in appeal – where Federal Circuit Court took six years to deliver judgment – where reasonably arguable appeal would be stifled by order for security for costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Sex Discrimination Act 1984 (Cth) Federal Court Rules 2011 (Cth) r 36.09
Cases cited: Commissioner of Taxation v Vasiliades (2014) 323 ALR 59; [2016] FCAFC 170 Craven v Ready Flowers Pty Ltd [2014] FCA 693 Dye v Commonwealth Securities Ltd [2012] FCA 992 Equity Access Limited v Westpac Banking Corporation (1989) ATPR 40–972 Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17 Madgwick v Kelly (2013) 212 FCR 1
Date of hearing: 17 June 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 13
Counsel for the Appellant: Mr J Tracey and Mr RA Minson
Solicitor for the Appellant: Susan Moriarty and Associates
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