FEDERAL COURT OF AUSTRALIA
Clack v Collins (No 1) [2010] FCA 513
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 194 of 2010
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: DARREN CLACK
Appellant
AND: MICHAEL COLLINS
Respondent
JUDGE:
JAGOT J
DATE OF ORDER:
21 MAY 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appellant provide security for the costs of the respondent in the amount of $30,000 within 28 days of these orders.
2.The security be provided in the form of bank cheque or clear funds paid into an interest-bearing account with the National Australia Bank in the name of Parry Carroll in trust for Darren Clack and Michael Collins of which the signatories of that account are to be Christine Louise Perry and Adrian Barwick jointly and which funds are not to be released until judgment, settlement or with the written consent of both parties or their legal representatives.
3.Upon the appellant paying the security in accordance with Orders 1 and 2, the parties are granted leave to approach the Registrar of the Federal Court of Australia to obtain a date for settlement of the appeal index.
4.In the event the appellant fails to pay the security in accordance with Orders 1 and 2:
(a) this appeal is stayed; and
(b) that the reserved costs referred to in paragraph 5 of these orders crystallise as costs of the respondent.
5.Subject to payment of the security in the manner outlined at 1 and 2 (above), the respondent’s costs of its notice of motion dated 27 April 2010 are reserved.
6.The appellant is granted leave to amend the notice of appeal in accordance with its notice of…
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- Clack v Collins (No 1) [2010] FCA 513
- Case
- [2010] FCA 513
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the appeal and the potential costs involved. It was established that the appeal process could be costly and that it was necessary to ensure that the respondent would not incur significant financial risk if the appeal was unsuccessful. The court considered the appropriate amount of security required, taking into account the potential costs and the financial position of the appellant. The court determined that $30,000 was a reasonable amount of security, given the circumstances. The court also specified that this security should be provided in the form of a bank cheque or clear funds deposited into a designated interest-bearing account. These funds were to be held in trust and could only be released under specific conditions.
Upon Clack providing the required security, the court granted leave for the parties to approach the Registrar to schedule the settlement of the appeal. The court further provided that if Clack failed to provide the security within the specified timeframe, the appeal would be stayed, and the reserved costs would become crystallised as costs of the respondent. The court also reserved the respondent's costs of the notice of motion dated 27 April 2010, subject to the payment of the security. Additionally, the court granted Clack leave to amend the notice of appeal, subject to the payment of the respondent's costs associated with this amendment. Both parties were given the liberty to restore the appeal on three days' notice.
Orders
Orders of the court
1. The appellant provide security for the costs of the respondent in the amount of $30,000 within 28 days of these orders.
2. The security be provided in the form of bank cheque or clear funds paid into an interest-bearing account with the National Australia Bank in the name of Parry Carroll in trust for Darren Clack and Michael Collins of which the signatories of that account are to be Christine Louise Perry and Adrian Barwick jointly and which funds are not to be released until judgment, settlement or with the written consent of both parties or their legal representatives.
3. Upon the appellant paying the security in accordance with Orders 1 and 2, the parties are granted leave to approach the Registrar of the Federal Court of Australia to obtain a date for settlement of the appeal index.
4. In the event the appellant fails to pay the security in accordance with Orders 1 and 2:
(a) this appeal is stayed; and
(b) that the reserved costs referred to in paragraph 5 of these orders crystallise as costs of the respondent.
5. Subject to payment of the security in the manner outlined at 1 and 2 (above), the respondent’s costs of its notice of motion dated 27 April 2010 are reserved.
6. The appellant is granted leave to amend the notice of appeal in accordance with its notice of motion dated 12 May 2010 subject to the appellant paying the respondent’s thrown away costs in relation thereto.
7. Either party has liberty to restore on 3 days’ notice.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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