Federal Court of Australia
Federal Court of Australia
Ezekiel-Hart v Reis [2024] FCA 1203 Appeal from: Ezekiel-Hart v Reis [2024] FedCFamC2G 121 (15 February 2024)
File number(s): ACD 8 of 2024
Judgment of: PERRY J
Date of judgment: 18 October 2024
Catchwords: PRACTICE AND PROCEDURE – bankruptcy – security for costs application – stay application – whether respondent will be able to recover costs of the appeal if successful – whether reasonable prospects of success on appeal – whether the appeals will be stifled or stultified if order for security made – where appellant has already had his "day in court" – security for costs granted.
Legislation: Bankruptcy Act 1966 (Cth) s 43 Federal Court of Australia Act 1976 (Cth) ss 37M, 56 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 2.05 Federal Court Rules 2011 (Cth) r 36.09
Cases cited: Chawk v Callan [2024] 92 Cooper v Universal Music Australia Pty Ltd [2006] FCA 642 at Derek George Shephard v Chiquita Brands South Pacific Limited [2004] FCAFC 76 Du Bray v ACW [2021] FCAFC 103 Ezekiel-Hart v Reis [2024] FedCFamC2G 121 Lamb v Sherman [2023] FCAFC 85 Quach v MLC Limited [2022] FCA 586
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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