Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387

Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387

Because the applicant did not provide the security for costs ordered on 8 November 2013, the proceeding remained stayed and nothing further occurred; after giving the parties an opportunity to file written submissions, the Court exercised its power under r 19.01(1)(c) to dismiss the proceeding.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Proceeding / Dismissal on the Judge's Initiative After Security for Costs Was Not Provided and the Proceeding Remained Stayed
Outcome
Proceeding dismissed.
Legal Topics
['security for Costs' 'stay of Proceeding' 'dismissal for Failure to Provide Security' "judge's Own Initiative"]
['practice and Procedure' 'insolvency'] ['security for Costs' 'stay of Proceeding' 'dismissal for Failure to Provide Security' "judge's Own Initiative"]

Case Brief

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Procedural Posture

Proceeding / Dismissal on the Judge's Initiative After Security for Costs Was Not Provided and the Proceeding Remained Stayed

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed under r 19.01(1)(c) of the Federal Court Rules 2011 after the applicant failed to provide security for costs and nothing further happened in the proceeding.']

Ratio Decidendi

Because the applicant did not provide the security for costs ordered on 8 November 2013, the proceeding remained stayed and nothing further occurred; after giving the parties an opportunity to file written submissions, the Court exercised its power under r 19.01(1)(c) to dismiss the proceeding.

Court Disposition

Proceeding dismissed.

Orders

  • ['Pursuant to Rule 19.01(1)(c) of the Federal Court Rules 2011 the proceeding be dismissed.' 'The parties file and serve brief written submissions on costs as follows: (a) the respondents, within 14 days; (b) the applicant, within a further 14 days; (c) the respondents in reply, if necessary, within a further 7 days.']