Chang v Comcare Australia [1999] FCA 1677

Chang v Comcare Australia [1999] FCA 1677

Special circumstances exist as applicant is impecunious, has limited prospects in the appeal, cannot satisfy costs order, and has not discharged prior liability; security for costs is warranted under s 56 and Order 53 r 8 of the Federal Court Rules.

Parties
Applicant: Paul Meng Chang; First Respondent: Comcare Australia; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Appeal and Judicial Review / Application for Security for Costs
Outcome
Application granted for security for costs; orders for security made.
Legal Topics
Security for Costs, Consent Orders, Duress, Mental Incapacity, Impecuniosity, Administrative Appeals Tribunal, Special Circumstances, Procedural Fairness
Practice and Procedure Security for Costs Consent Orders Duress Mental Incapacity Impecuniosity Administrative Appeals Tribunal Special Circumstances +1 more

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Parties

Paul Meng Chang

Applicant

Comcare Australia

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Appeal and Judicial Review / Application for Security for Costs

Legal Issues

  1. 1 Whether applicant should provide security for costs
  2. 2 Whether applicant is impecunious
  3. 3 Whether applicant likely to establish duress

Ratio Decidendi

Special circumstances exist as applicant is impecunious, has limited prospects in the appeal, cannot satisfy costs order, and has not discharged prior liability; security for costs is warranted under s 56 and Order 53 r 8 of the Federal Court Rules.

Court Disposition

Application granted for security for costs; orders for security made.

Orders

  • Applicant provide security for the Commonwealth's costs in the sum of $10,000 and Comcare Australia's costs in the sum of $35,000.
  • If applicant fails to provide security within 28 days, proceedings be dismissed.