BLG23 v BLH23, in the matter of BLG23 (No 2) [2023] FCA 737

BLG23 v BLH23, in the matter of BLG23 (No 2) [2023] FCA 737

The appeal was dismissed because the appellant failed to provide the security for costs ordered, gave no explanation, sought no extension, and did not show that her proposed High Court application justified keeping the stayed appeal on foot.

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Appeal in Bankruptcy Matter / Application by First Respondent to Dismiss Appeal After Appellant Failed to Provide Court Ordered Security for Costs
Outcome
Appeal dismissed with costs.
Legal Topics
['security for Costs' 'dismissal of Appeal' 'bankruptcy Notice' 'sequestration Order' 'constitutional Writs']
['practice and Procedure' 'bankruptcy' 'costs'] ['security for Costs' 'dismissal of Appeal' 'bankruptcy Notice' 'sequestration Order' 'constitutional Writs']

Case Brief

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Procedural Posture

Appeal in Bankruptcy Matter / Application by First Respondent to Dismiss Appeal After Appellant Failed to Provide Court Ordered Security for Costs

Legal Issues

  1. 1 ["Whether the appeal should be dismissed after the appellant failed to provide security for the first respondent's costs as ordered." "Whether the appellant's proposed High Court application for constitutional writs concerning the 19 August 2021 costs order justified refusing or delaying dismissal of the appeal."]

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide the security for costs ordered, gave no explanation, sought no extension, and did not show that her proposed High Court application justified keeping the stayed appeal on foot.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed, with costs.' 'The first respondent file and serve a written submission of no more than five (5) pages as to the form of the costs order by 21 July 2023.' 'The second respondent file and serve any submission in response of no more than five (5) pages by 11 August 2023.' 'The question of the...