Federal Court of Australia
Federal Court of Australia
Burhala v Yeo [2023] FCA 962 File number(s): VID 336 of 2023
Judgment of: O'BRYAN J
Date of judgment: 14 August 2023
Date of publication of reasons: 15 August 2023
Catchwords: PRACTICE AND PROCEDURE – application for security for costs in respect of an application for an extension of time and leave to appeal – where applicant resides out of the jurisdiction – where applicant owns no assets in Australia – where no evidence that applicant is unable to meet adverse costs order from assets held outside Australia and where no evidence that an order for security would stultify the proceeding – application granted
Legislation: Bankruptcy Act 1966 (Cth), ss 43, 54C, Sch 2, s 90-15 Federal Court of Australia Act 1976 (Cth), s 56
Cases cited: Allison v Murphy [2021] FCA 1551 Bell Wholesale Co. Ltd v Gates Export Corporation (1984) 2 FCR 1 Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Commissioner of Taxation v Vasiliades (2016) 344 ALR 558; [2016] FCAFC 170 Cooper v Universal Music Australia Pty Ltd [2006] FCA 642 Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in liq) (No 2) [2018] FCA 612 Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 34
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