Federal Court of Australia
Federal Court of Australia
McCardle v Johnson [2023] FCA 1369 Appeal from: McCardle v Johnson [2021] FCA 1528 McCardle v Johnson (No 2) [2022] FCA 168 McCardle v Johnson (No 3) [2023] FCA 790
File number: QUD 343 of 2023
Judgment of: STEWART J
Date of judgment: 2 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for security for costs pending the determination of application for leave to appeal and for extensions of time – whether the likelihood of an order for security for costs stifling a claim weighs against making such an order where the claim is sought to be pursued in an appeal and in respect of which there has thus already been a proceeding
Legislation: Federal Court of Australia Act 1976 (Cth), s 56
Cases cited: Clack v Collins [2010] FCA 513 McCardle v Johnson (No 2) [2022] FCA 168 McCardle v Johnson (No 3) [2023] FCA 790 McCardle v Johnson [2021] FCA 1528 Soh v Commonwealth of Australia [2008] FCA 1524 Tait v Bindal People [2002] FCA 322 Cowell v Taylor (1885) 31 Ch D 34
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 24
Date of hearing: 2 November 2023
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