Henderson v Taylor, Information Commissioner of Queensland

[2006] QCA 267

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Grounds for ordering security
5. › Whether discharged bankruptcy alone sufficient
6. › Whether evidence of current inability to pay required

Quick Take

A discharged bankrupt's former bankruptcy status, without evidence of current inability to pay debts as they fall due, is insufficient to ground an order for security for costs. Applications for security for costs must not be used as de facto strike-out applications or summary judgment equivalents on appeal.