Barton, Thomas v Minister for Foreign Affairs [1984] FCA 108

Barton, Thomas v Minister for Foreign Affairs [1984] FCA 108

The court has discretion under Order 28 rule 3 of the Federal Court Rules to order security for costs, not merely on the ground of residence outside Australia but considering all circumstances, including reciprocal enforcement and the applicant's impecuniosity. Security is appropriate for the estimated additional cost of registration and enforcement, not the full likely costs.

Parties
Applicant: Thomas Barton; Respondent: The Minister for Foreign Affairs
Jurisdiction
Australia
Judgment Date
06 April 1984
Procedural Posture
Application for Security for Costs in an Order of Review Under the Administrative Decisions (judicial Review) Act 1977 / Interlocutory Application for Security for Costs
Outcome
Application granted in part.
Legal Topics
Security for Costs, Exercise of Judicial Discretion, Ordinarily Resident Outside Australia, Impecuniosity
Practice and Procedure Security for Costs Exercise of Judicial Discretion Ordinarily Resident Outside Australia Impecuniosity

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 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thomas Barton

Applicant

The Minister for Foreign Affairs

Respondent

Procedural Posture

Application for Security for Costs in an Order of Review Under the Administrative Decisions (judicial Review) Act 1977 / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Does the court retain discretion to order security for costs when the applicant is ordinarily resident outside Australia?
  2. 2 Should security be ordered against an impecunious applicant resident abroad where reciprocal enforcement of judgments exists?

Ratio Decidendi

The court has discretion under Order 28 rule 3 of the Federal Court Rules to order security for costs, not merely on the ground of residence outside Australia but considering all circumstances, including reciprocal enforcement and the applicant's impecuniosity. Security is appropriate for the estimated additional cost of registration and enforcement, not the full likely costs.

Court Disposition

Application granted in part.

Orders

  • The applicant to give security in the sum of $2,000 for the payment of the respondent's costs.
  • The costs of the application for security for costs should be costs in the substantive application.