Gold Coast Blaze Pty Ltd v Joyce

[2012] QCA 37

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs on appeal
4. › Whether unfettered discretion or jurisdictional precondition
5. › Whether impecuniosity of corporate appellant a factor or threshold requirement
6. › Uniform Civil Procedure Rules 1999 (Qld), r 772(1)
1. Practice and Procedure
2. › Security for costs
3. › Quantum of security
4. › Factors relevant to assessment
5. › Estimated length of hearing
6. › Reasonableness of claimed costs items
1. Practice and Procedure
2. › Security for costs
3. › Evidence of impecuniosity
4. › Company searches showing charges over assets
5. › Failure to respond to correspondence about ability to pay
6. › Inference from conduct

Quick Take

The power to order security for costs on appeal under UCPR r 772(1) is an unfettered discretion not subject to any jurisdictional precondition requiring proof of the appellant's inability to pay costs. Impecuniosity is a relevant factor in the exercise of the discretion, not a threshold requirement. Cases decided under r 671(a) or the Corporations Act, which expressly require reason to believe the plaintiff will be unable to pay costs, do not govern applications under r 772(1).