Lafferty v Waterton (No 2) [2020] FCA 1673

Federal Court of Australia

Lafferty v Waterton (No 2) [2020] FCA 1673 Appeal from: Waterton v Lafferty, in the matter of Lafferty [2019] FCA 1267

File number: WAD 452 of 2019

Judgment of: COLVIN J

Date of judgment: 20 November 2020

Catchwords: PRACTICE AND PROCEDURE - application to dismiss appeal - where appellant failed to comply with security for costs order - where appellant failed to submit draft of appeal book index - where not demonstrated that grounds of appeal reasonably arguable - other matters support application to dismiss - appeal dismissed

Cases cited: Lafferty v Waterton [2019] FCA 2049 Lafferty v Waterton [No 2] [2017] WASC 84 Lafferty v Waterton [No 4] [2017] WASC 302 Nyoni v Pharmacy Board of Australia (No 2) [2019] FCA 225 Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; (2017) 261 CLR 132

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 25

Date of hearing: 18 November 2020

Counsel for the Appellant: The Appellant did not appear

Counsel for the Respondent: Mr T Carmady

Solicitor for the Respondent: Williams & Hughes

ORDERS WAD 452 of 2019

BETWEEN: SUSAN JUANITA LAFFERTY Appellant

AND: WILLIAM FRANK WATERTON Respondent

order made by: COLVIN J DATE OF ORDER: 20 NOVEMBER 2020

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant do pay the respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.