Federal Court of Australia
Federal Court of Australia
Nugawela v Dudley (Trustee) [2023] FCA 1603 Appeal from: Nugawela v Dudley (Trustee) (No 3) [2023] FCA 674
File number: WAD 162 of 2023
Judgment of: JACKSON J
Date of judgment: 14 December 2023
Catchwords: PRACTICE AND PROCEDURE - application for security for costs - consideration of prospects of success of appeal - orders for security would not stultify reasonably arguable appeal - appellant's impecuniosity - history of appellant's non-compliance with procedural directions - security for costs of appeal ordered
Legislation: Federal Court Rules 2011 (Cth) r 39.06, Schedule 3
Cases cited: House v The King (1936) 55 CLR 499 Mathews v All Options Pty Ltd [2019] FCA 1972
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 34
Date of hearing: 14 December 2023
Counsel for the Appellant: The appellant did not appear
Counsel for the Respondent: Mr C Touyz
Solicitor for the Respondent: Greenstone Legal
ORDERS WAD 162 of 2023
BETWEEN: PATRICK ALLEN NUGAWELA Appellant
AND: GREGORY BRUCE DUDLEY AS TRUSTEE FOR THE ESTATE OF PATRICK NUGAWELA Respondent
order made by: JACKSON J DATE OF ORDER: 14 DECEMBER 2023
THE COURT ORDERS THAT:
1. The appellant must provide security for the costs of the appeal in the sum of $50,000 by payment of that sum into the Court. 2. The appeal is stayed until the security required by paragraph 1 of these orders is provided. 3. The appellant has liberty to apply in relation to the manner of providing the security for costs. 4. If the security for costs in accordance with these orders as varied is not provided by 19 February 2024, then the appeal is dismissed. 5. By 4.00 pm AWST on 19 December 2023, the respondent must file and serve a bill of costs for the security for costs application. 6. By 4.00 pm AWST on 25 January 2024, the appellant may provide a written submission of no longer than 3 pages in length in response to the respondent's bill of costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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