Goodricke v Comcare [2018] FCA 873

Goodricke v Comcare [2018] FCA 873

The proceeding should be dismissed as the Applicant failed to provide the required security for costs as ordered. However, the Applicant was given one final opportunity to comply before dismissal. The application for disqualification of the judge was rejected as no reasonable apprehension of bias was found.

Parties
Applicant: Peter Goodricke; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Notice of Appeal / Interlocutory Application Regarding Security for Costs
Outcome
Applicant given extended time to provide security for costs; dismissal if not complied; costs awarded to Respondent.
Legal Topics
Security for Costs, Dismissal for Failure to Provide Security, Application for Disqualification of Judge
Practice and Procedure Administrative Law Security for Costs Dismissal for Failure to Provide Security Application for Disqualification of Judge

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Peter Goodricke

Applicant

Comcare

Respondent

Procedural Posture

Notice of Appeal / Interlocutory Application Regarding Security for Costs

Legal Issues

  1. 1 Whether the proceeding should be dismissed for failure to provide security for costs
  2. 2 Whether the judge should be disqualified for apprehended bias

Ratio Decidendi

The proceeding should be dismissed as the Applicant failed to provide the required security for costs as ordered. However, the Applicant was given one final opportunity to comply before dismissal. The application for disqualification of the judge was rejected as no reasonable apprehension of bias was found.

Court Disposition

Applicant given extended time to provide security for costs; dismissal if not complied; costs awarded to Respondent.

Orders

  • Time to provide security for costs ($15,000) extended to 4.00pm on 27 June 2018.
  • Proceeding to be dismissed if security not provided by extended time.