Wagdy Hanna & Associates Pty Ltd v National Library of Australia

[2013] ACTCA 24

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Corporate appellant
5. › Whether reason to believe appellant unable to pay costs
6. › Failure to lodge annual returns
7. › No demonstrated assets
8. › Supreme Court Act 1933 (ACT), s 37J(1)(k)
9. › Court Procedures Rules 2006 (ACT), rr 1901(a), 1902(1), 5302
1. Practice and Procedure
2. › Security for costs
3. › Discretionary factors
4. › Prospects of success on appeal
5. › Delay in bringing application
6. › Whether appeal genuine
7. › Whether matter of public importance
8. › Court Procedures Rules 2006 (ACT), r 1902(1)

Quick Take

A corporate appellant that fails to lodge annual returns, has only nominal share capital, and refuses to disclose its financial position when requested will face a strong inference that it cannot meet an adverse costs order. The discretionary factors in r 1902(1) of the Court Procedures Rules 2006 (ACT) apply by analogy to security for costs applications on appeal. An application for security for costs need not be made immediately provided the issue was raised early and the appellant suffered no surprise or prejudice from the delay.