Federal Court of Australia
Federal Court of Australia
Dyer v Chrysanthou (No 4) [2022] FCA 51 File number: NSD 426 of 2021
Judgment of: WIGNEY J
Date of judgment: 2 February 2022
Date of publication of reasons: 11 February 2022
Catchwords: COSTS – respondents' interlocutory applications for the stay of Registrar's costs judgment until the determination of appeal proceedings – where insufficient evidence of applicant's financial capacity – where paucity of evidence of strength of grounds of appeal – where no notice of appeal filed regarding Registrar's costs order – where some risk of applicant's inability to meet costs judgment if appeal successful – where undertakings to hold funds in trust agreed in principle – stay applications partially allowed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 35A(5), 37M Federal Court Rules 2011 (Cth), rr 3.11, 36.08, 41.03
Cases cited: Dyer v Chrysanthou (No 2) (Injunction) [2021] FCA 641 Dyer v Chrysanthou (No 3) (Costs) [2021] FCA 642 Porter v Dyer [2021] FCA 1459 Dyer v Chrysanthou [2021] FCA 578 Urban Alley Brewery Pty Ltd v La Sirène Pty Ltd (No 2) [2020] FCA 351 Viagogo AG v ACCC [2021] FCA 175 Guildford International Group Pty Ltd, in the matter of Aviation 3030 Pty Ltd, Re v Aviation 3030 Pty Ltd [2018] FCA 600
Division: General Division
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