Croker v Sydney Institute of TAFE (State of New South Wales) [2003] FCA 1159

Croker v Sydney Institute of TAFE (State of New South Wales) [2003] FCA 1159

No basis was established to set aside the interlocutory order for security for costs; applicant's new material did not alter the relevant facts or reasoning already considered; there was neither a change of circumstances nor relevant omission in earlier decision.

Jurisdiction
Australia
Judgment Date
07 October 2003
Procedural Posture
Application to Set Aside Interlocutory Order / Notice of Motion / Hearing and Determination of Motion to Set Aside Interlocutory Order
Outcome
Notice of motion dismissed; costs awarded to first respondent on the motion.
Legal Topics
['disability Discrimination' 'security for Costs' 'setting Aside Interlocutory Orders' 'appellate Jurisdiction']
['administrative Law' 'discrimination Law' 'civil Procedure'] ['disability Discrimination' 'security for Costs' 'setting Aside Interlocutory Orders' 'appellate Jurisdiction']

Case Brief

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Procedural Posture

Application to Set Aside Interlocutory Order / Notice of Motion / Hearing and Determination of Motion to Set Aside Interlocutory Order

Legal Issues

  1. 1 ['Whether orders made on 8 September 2003 for security for costs should be set aside' 'Whether the applicant provided any new material or change of circumstances justifying revisiting the order for security for costs' 'Whether the application is competent given the appellate structure under the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

No basis was established to set aside the interlocutory order for security for costs; applicant's new material did not alter the relevant facts or reasoning already considered; there was neither a change of circumstances nor relevant omission in earlier decision.

Court Disposition

Notice of motion dismissed; costs awarded to first respondent on the motion.

Orders

  • ['The notice of motion filed on 8 September 2003 be dismissed.' 'The applicant on the motion pay the costs of the first respondent to that motion.']