Kenyon v Akeroyd

[2007] VSCA 50

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Impecunious appellant
5. › Where only resources available constitute subject matter of litigation
6. › Whether security should be refused
7. › Rule 64.24 Supreme Court Rules
1. Practice and Procedure
2. › Security for costs
3. › Relevant considerations
4. › Prospects of success of appeal
5. › Quantum of risk costs order not satisfied
6. › Whether order would stifle reasonably arguable claim
1. Property Law
2. › De facto relationships
3. › Adjustment of property interests
4. › Part IX Property Law Act 1958 (Vic)
5. › Global approach versus contextual approach to contributions

Quick Take

In de facto property disputes under Part IX of the Property Law Act 1958 (Vic), security for costs of an appeal will be refused where the appellant's only resources constitute the subject matter of the litigation or have been directed to funding the proceedings, and the appeal is not hopeless. Impecuniosity alone is not decisive but is a significant consideration to be weighed against all other factors.