Austcorp International Limited v Owers (No 2) [2009] FCA 1112

Austcorp International Limited v Owers (No 2) [2009] FCA 1112

In the absence of any attempt by the appellant to explain why security for costs was not provided as ordered, nor any evidence as to whether or when it might be provided, the proper exercise of the Court's discretion under s 56(4) is to dismiss the appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Appeal / Hearing on Application to Dismiss Appeal for Non Provision of Security for Costs
Outcome
appeal dismissed
Legal Topics
['security for Costs' 'dismissal of Appeal' 'federal Court Procedure']
['practice and Procedure'] ['security for Costs' 'dismissal of Appeal' 'federal Court Procedure']

Source-derived case record

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Procedural Posture

Appeal / Hearing on Application to Dismiss Appeal for Non Provision of Security for Costs

Legal Issues

  1. 1 ['Should the appeal be dismissed pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) for failure to provide security for costs?' 'Was there justification for an adjournment or non-compliance with the order to provide security?']

Ratio Decidendi

In the absence of any attempt by the appellant to explain why security for costs was not provided as ordered, nor any evidence as to whether or when it might be provided, the proper exercise of the Court's discretion under s 56(4) is to dismiss the appeal.

Court Disposition

appeal dismissed

Orders

  • ['Pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth), the appeal is dismissed.' 'The appellant pay the costs of the respondents of and incidental to the Notice of Motion filed on 23 September 2009 and of the appeal.' 'To the extent necessary, the respondents be released from the undertaking given...