Federal Court of Australia
Federal Court of Australia
Wikeley v Kea Investments Ltd [2024] FCA 155 File number(s): QUD 21 of 2024
Judgment of: DOWNES J
Date of judgment: 27 February 2024
Date of publication of reasons: 28 February 2024
Catchwords: PRACTICE AND PROCEDURE – applicant obtained interim stay of enforcement of New Zealand judgments which had been registered pursuant to Trans-Tasman Proceedings Act 2010 (Cth) – applicant found to have engaged in fraud in New Zealand judgments – applicant has brought appeal in New Zealand but no stay application – applicant has insufficient assets to meet any costs order made against him in this proceeding – where applicant likely to be receiving funding from another unidentified source – whether security for costs should be ordered against natural person and in what amount – whether security for undertaking as to damages should be ordered
Legislation: Trans-Tasman Proceedings Act 2010 (Cth), ss 25, 26, 72(1), 76(1)
Cases cited: Etnyre v Australian Broadcasting Corporation [2021] FCA 610 Kea Investments Ltd v Wikeley (No 2) [2023] QSC 215 Kea Investments Ltd v Wikeley Family Trustee Limited (in interim liquidation) [2023] NZHC 3260 Kea Investments Ltd v Wikeley Family Trustee Ltd [2022] NZHC 2881 Kea Investments Ltd v Wikeley Family Trustee Ltd [2023] NZHC 466 Knight v Beyond Properties Pty Ltd [2005] FCA 764 McCardle v Johnson [2023] FCA 1369 Wikeley v Kea Investments Ltd [2023] QCA 255
Division: General Division
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