FEDERAL COURT OF AUSTRALIA
Maher v Official Trustee in Bankruptcy (No 2) [2016] FCA 387
ORDERS
Applicant | ||
AND: | THE OFFICIAL TRUSTEE IN BANKRUPTCY First Respondent COMMONWEALTH BANK OF AUSTRALIA Second Respondent | |
DATE OF ORDER: |
THE COURT ORDERS THAT:
1. Pursuant to Rule 19.01(1)(c) of the Federal Court Rules 2011 the proceeding be dismissed.
2. The parties file and serve brief written submissions on costs as follows:
(a) the respondents, within 14 days;
(b) the applicant, within a further 14 days;
(c) the respondents in reply, if necessary, within a further 7 days.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
JESSUP J:
1 On 8 November 2013, I ordered that the applicant provide security for the costs of the second respondent and that, pending the provision of security, the proceeding be stayed. Security was not provided, and nothing further has happened in the proceeding.
2 Acting of my own initiative under r 1.40(a) of the Federal Court Rules 2011, and having given the parties the opportunity to file written submissions on the matter, I propose to exercise the power for which r 19.01(1)(c) of those rules provides and order that the proceeding be dismissed.
3 I have laid out a timetable for the parties to make written submissions as to costs.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup. |
