MIDDEN & GALLOWAY
Case
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[2015] FCCA 1897
•23 July 2015
Details
AGLC
Case
Decision Date
Midden and Galloway [2015] FCCA 1897
[2015] FCCA 1897
23 July 2015
CaseChat Overview and Summary
In the matter of *Midden & Galloway*, heard before Judge McGuire, the dispute concerned an application by Mr Midden for security for costs. Ms Galloway sought to preserve a portion of settlement monies payable by Mr Midden to her as security for costs related to applications made by Mr Midden.
The primary legal issue before the court was whether to grant Mr Midden's application for security for costs, and if so, to what extent and in what manner the security should be provided. This involved determining the appropriate amount to be preserved and the conditions under which it should be held.
Judge McGuire ordered that $169,220.00 of the settlement monies payable by Mr Midden to Ms Galloway be preserved as security for costs. These funds were to be held in a trust account by Mr Midden's solicitors in an interest-bearing account, with the interest accruing to Ms Galloway. The Application in a Case filed on 11 June 2015 was otherwise dismissed.
The primary legal issue before the court was whether to grant Mr Midden's application for security for costs, and if so, to what extent and in what manner the security should be provided. This involved determining the appropriate amount to be preserved and the conditions under which it should be held.
Judge McGuire ordered that $169,220.00 of the settlement monies payable by Mr Midden to Ms Galloway be preserved as security for costs. These funds were to be held in a trust account by Mr Midden's solicitors in an interest-bearing account, with the interest accruing to Ms Galloway. The Application in a Case filed on 11 June 2015 was otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Insolvency
Legal Concepts
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Costs
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Jurisdiction
Actions
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Citations
Midden and Galloway [2015] FCCA 1897
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