Bride & Anor v The Australian Bank Ltd & Ors

[1999] WASCA 88

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Bankruptcy of plaintiff
4. › Whether bankruptcy alone sufficient to order security
5. › Relevance of common law principles to Rules of Court O 25 r2(d)
6. › Whether exercise of discretion should be interfered with
1. Practice and Procedure
2. › Security for costs
3. › Discretionary factors
4. › Length of proceedings and readiness for trial
5. › Effect of order terminating proceedings
6. › Balance of hardship

Quick Take

The fact of bankruptcy alone is not sufficient to warrant an order for security for costs under O 25 r2(d); common law principles that poverty should not bar a litigant remain relevant. The long history of proceedings and their readiness for trial are significant factors weighing against an order for security, particularly where the order would effectively terminate the proceedings.