Balderrama v Commissioner of the Australian Federal Police [2001] FCA 821

Balderrama v Commissioner of the Australian Federal Police [2001] FCA 821

The proceeding should be dismissed due to failure by the applicants to provide security for costs in accordance with the court's previous order, with a temporary stay granted until 24 July 2001 to accommodate scheduling considerations.

Parties
First Applicant: Francisco Javier Rios Balderrama; Second Applicant: Eduardo Armando Garcia Quiroz; First Respondent: Commissioner of the Australian Federal Police; Second Respondent: United States of America; Third Respondent: Magistrate Leslie Brennan; Fifth Respondent: Commonwealth Attorney General; Seventh Respondent: Commissioner for Corrective Services
Jurisdiction
Australia
Judgment Date
08 June 2001
Procedural Posture
Application / Post Security Non Compliance; Motion to Dismiss
Outcome
application dismissed with temporary stay
Legal Topics
Security for Costs, Dismissal for Non Compliance
Civil Procedure Security for Costs Dismissal for Non Compliance

Case Brief

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Parties

Francisco Javier Rios Balderrama

First Applicant

Eduardo Armando Garcia Quiroz

Second Applicant

Commissioner of the Australian Federal Police

First Respondent

United States of America

Second Respondent

Magistrate Leslie Brennan

Third Respondent

Commonwealth Attorney General

Fifth Respondent

Commissioner for Corrective Services

Seventh Respondent

Procedural Posture

Application / Post Security Non Compliance; Motion to Dismiss

Legal Issues

  1. 1 Should the proceedings be dismissed for failure to provide ordered security?
  2. 2 Should the dismissal be deferred or stayed?
  3. 3 Are costs payable by the applicants?

Ratio Decidendi

The proceeding should be dismissed due to failure by the applicants to provide security for costs in accordance with the court's previous order, with a temporary stay granted until 24 July 2001 to accommodate scheduling considerations.

Court Disposition

application dismissed with temporary stay

Orders

  • The application be dismissed.
  • The applicants pay the respondents' costs of the proceedings including the costs of today.