Australian Democrats WA Division Inc & Ors v Australian Democrats Vic Division Inc & Ors

[1998] WASCA 275

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Admission of fresh evidence
3. › Appeal from summary judgment
4. › Whether special leave necessary
5. › Whether special grounds established
6. › Three conditions from Ladd v Marshall
7. › Rules of the Supreme Court 1971 (WA), O63 r10(1)
1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Whether special circumstances
5. › Impecuniosity of appellant
6. › Whether order would frustrate appeal involving matters of public interest
7. › Rules of the Supreme Court 1971 (WA), O63 r10(5)

Quick Take

An appeal from a summary judgment under O16 of the Rules of the Supreme Court 1971 (WA) is an appeal from a judgment after hearing on the merits, requiring 'special grounds' under O63 r10(1) for admission of fresh evidence. Impecuniosity of an appellant alone does not constitute 'special circumstances' for security for costs under O63 r10(5), and the court will refuse security where the effect would be to frustrate an appeal involving matters of public interest.