FEDERAL COURT OF AUSTRALIA
Mead v Mead [2010] FCA 288
Citation: Mead v Mead [2010] FCA 288 Parties: LUCY GUITAR MEAD v COLIN ANTHONY MEAD
LEE CHIN LIEN YANG v COLIN ANTHONY MEAD
File number(s): NSD 1445 of 2009
NSD 1447 of 2009Judge: JACOBSON J Date of judgment: 11 March 2010 Catchwords: PRACTICE AND PROCEDURE – Security for costs – whether application for security is oppressive – question of balance – where grounds of appeal are a re-ventilation of matters already decided Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Cases cited: Yang v Mead [2009] FCA 1202 cited
Mead & Mead (No 2) [2009] FMCA 1107 cited
Beames v Rigby [2002] FCA 1095 followedDate of hearing: 11 March 2010 Date of last submissions: 11 March 2010 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 16 In NSD 1445 of 2009: The Appellant: The Appellant appeared in person Solicitor for the Respondent: Mr M Lim (Etheringtons Solicitors) In NSD 1447 of 2009: The Appellant: Ms L Mead made submissions on behalf of the Appellant Solicitor for the Respondent Mr M Lim (Etheringtons Solicitors)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1445 of 2009
BETWEEN: LUCY GUITAR MEAD
Appellant
AND: COLIN ANTHONY MEAD
Respondent
JUDGE:
JACOBSON J
DATE OF ORDER:
11 MARCH 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Appellant, Ms Lucy Guitar Mead, together with the Appellant in proceeding NSD 1447/2009, Ms Lee Chin Lien Yang, provide security for costs for the appeals NSD 1445/2009 and NSD 1447/2009 in the amount of $10,000 in a form acceptable to the Registrar of the Court on or before Monday 12 April 2010.
2.The matter be stayed pending the provision of the security for costs.
3.The matter be stood over for further directions on Thursday 22 April 2010 at 9:30 am.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1447 of 2009
BETWEEN: LEE CHIN LIEN YANG
AppellantAND: COLIN ANTHONY MEAD
Respondent
JUDGE:
JACOBSON J
DATE OF ORDER:
11 MARCH 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Appellant, Ms Lee Chin Lien Yang, together with the Appellant in proceeding NSD 1445/2009, Ms Lucy Guitar Mead, provide security for costs for the appeals NSD 1445/2009 and NSD 1447/2009 in the amount of $10,000 in a form acceptable to the Registrar of the Court on or before Monday 12 April 2010.
2.The matter be stayed pending the provision of the security for costs.
3.The matter be stood over for further directions on Thursday 22 April 2010 at 9:30 am.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the…
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- Mead v Mead [2010] FCA 288
- Case
- [2010] FCA 288
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CaseChat Overview and Summary
The court concluded that, in all the circumstances, the proper exercise of its discretion was to make an order for security for costs. The quantum of the security was set out in an affidavit submitted by Mr. Lim, who represented the respondent. The court ordered that the appellants provide security for the costs of the appeals in the amount of $10,000 in a form acceptable to the Registrar of the Court. The court also ordered a stay of the further prosecution of the appeals pending the provision of security and adjourned the matter for further directions.
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