Federal Court of Australia
Federal Court of Australia
Chawk v Callan [2024] FCA 92 Appeal from: Callan v Chawk [2023] FCA 898; Callan v Chawk (Costs) [2023] FCA 1198
File number: VID 682 of 2023
Judgment of: ROFE J
Date of judgment: 16 February 2024
Catchwords: PRACTICE AND PROCEDURE – defamation – security for costs application – stay application – where appellant admits he is impecunious but seeks to stay the costs orders below pending the outcome of his appeal – prospects of success of the appeal – whether respondent will be able to recover costs of the proceedings below or costs of the appeal if successful – security for costs will stultify appeal but appellant has had his "day in court" – security for costs granted.
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Defamation Act 2005 (NSW)
Cases cited: Callan v Chawk [2023] FCA 898 Callan v Chawk (Costs) [2023] FCA 1198 Dye v Commonwealth Securities Ltd [2012] FCA 992 Flight Centre Ltd v Australian Competition and Consumer Commission [2014] FCA 658 Mathews v All Options Pty Ltd [2019] FCA 1972 Nationwide News Pty Ltd v Rush (2020) 380 ALR 432 Nugawela v Dudley (Trustee) [2023] FCA 1603 Redbubble Ltd v Hells Angels Motorcycle Corp (Australia) Pty Ltd (2022) 168 IPR 74
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 41
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