Federal Court of Australia
Federal Court of Australia
Fazal v BKA Practice Co Pty Ltd [2021] FCA 626 File number(s): VID 116 of 2021
Judgment of: ANDERSON J
Date of judgment: 9 June 2021
Catchwords: PRACTICE AND PROCEDURE – security for costs – general principles – appeal from Federal Circuit Court – bankruptcy proceeding – consideration of merits of appeal – whether the litigation will be stifled if order for security made – whether there was delay in bringing application – whether applicant's impecuniosity arises out of respondent's conduct – security for costs ordered
Legislation: Federal Court of Australia Act 1976 (Cth), s 56 Federal Court Rules 2011 (Cth), r 19.01(1)
Cases cited: Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462 All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Australia Limited [2020] FCA 840 BKA Practice Co Pty Ltd v Nida [2021] FCCA 334 Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) [2016] FCA 360 Etnyre v Australian Broadcasting Corporation [2021] FCA 610 Kayler-Thomson v Colonial First State Investments Ltd [2020] FCA 1867 Hardingham v RP Data Pty Limited [2020] FCA 1062
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 21
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: Edward Moon
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