Federal Court of Australia
Federal Court of Australia
Quach v MLC Limited [2022] FCA 586 File number: ACD 19 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 20 May 2022
Catchwords: PRACTICE AND PROCEDURE – referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) and Division 28.6 of the Federal Court Rules 2011 (Cth) to prepare a report for the Court in respect of the respondent's application for security for its costs of the appeal – where the appellant moves the Court to reject the referee's report – where the respondent opposes the relief sought by the appellant and contends that the referee's report should be adopted in the whole – whether the report should be adopted, varied or rejected – Held: referee's report adopted in the whole. PRACTICE AND PROCEDURE – security for costs – where in addition to an order that the appellant pay security for its costs, the respondent seeks ancillary orders including: (1) a stay of the appeal pending payment of security for its costs; and (2) in the event of non-payment of security within the specified time, dismissal of the appeal – Held: ancillary orders made.
Legislation: Federal Court of Australia Act 1976 (Cth), ss 54A, 56 Insurance Contracts Act 1984 (Cth), s 13 Federal Court Rules 2011 (Cth), rr 28.67, 36.09(1)(a), 36.09(1)(b), 36.09(1)(c)
Cases cited: All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Ltd [2020] FCA 840 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Dye v Commonwealth Securities Ltd [2012] FCA 992 Equity Access Ltd v Westpac Banking Corporation [1989] FCA 361; ATPR 40-972 Frigger, in the matter of Computer Accounting and Tax Pty Ltd (in liq) (No 2) [2018] FCA 612 Frigger v Kitay [2019] FCA 624 Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Hardingham v RP Data Pty Ltd [2020] FCA 1062 KP Cable Investments Pty Ltd v Meltglow Pty & Ors [1995] FCA 76; 56 FCR 189 Lim v Comcare [2016] FCA 1346 Pateras v State of Victoria [2022] FCA 238 Re Culleton [2017] HCA 3; 340 ALR 550
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