Allison v Murphy [2021] FCA 1551

Allison v Murphy [2021] FCA 1551

Security for costs application dismissed because any order would likely stifle the appeal, the applicant is impecunious but appeal raises a substantive legal issue affecting bankrupt status, and merits weigh against granting security.

Parties
Applicant: Paul Francis Allison; Respondent: John Paul Murphy
Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Interlocutory Application in Appeal Proceedings / Application for Security for Costs Prior to Hearing of Extension of Time and Appeal
Outcome
Application for security for costs dismissed. Costs awarded to applicant.
Legal Topics
Security for Costs, Appeals, Extension of Time, Bankruptcy Notice, Sequestration Order
Bankruptcy Federal Court Practice Security for Costs Appeals Extension of Time Bankruptcy Notice Sequestration Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Paul Francis Allison

Applicant

John Paul Murphy

Respondent

Procedural Posture

Interlocutory Application in Appeal Proceedings / Application for Security for Costs Prior to Hearing of Extension of Time and Appeal

Legal Issues

  1. 1 Whether order for security for costs would stifle appeal
  2. 2 Whether applicant's impecuniosity is decisive
  3. 3 Whether funds held in solicitor's trust account were applicant's property within the meaning of s 58 Bankruptcy Act 1966 (Cth)

Ratio Decidendi

Security for costs application dismissed because any order would likely stifle the appeal, the applicant is impecunious but appeal raises a substantive legal issue affecting bankrupt status, and merits weigh against granting security.

Court Disposition

Application for security for costs dismissed. Costs awarded to applicant.

Orders

  • The interlocutory application filed by the respondent on 1 December 2021 is dismissed.
  • The respondent pay the applicant's costs of the interlocutory application.