Hannaford v Commonwealth Bank of Australia

[2013] NSWCA 472

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Appeal
5. › Special circumstances under UCPR r 51.50
6. › Whether impecuniosity combined with other factors constitutes special circumstances
7. › Failure to appear at hearing below
8. › Weak appeal grounds
9. › Pursuit of redundant proceedings
10. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Appellant ordinarily resident outside Australia
5. › Whether appellant ordinarily resident outside Australia
6. › Meaning of 'ordinarily resident'
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1)(a)
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Quantum
5. › Whether security assessed on party/party or indemnity basis
6. › Where contractual provision provides for reasonable expenses
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21

Quick Take

Impecuniosity combined with failure to appear at the hearing below, weak appeal grounds, failure to produce financial documents, absence of evidence of stultification, pursuit of redundant proceedings, and risk of non-recovery of costs constitutes special circumstances for security for costs under UCPR r 51.50. An appellant who has resided in the United States for over 18 months, is retired, supported by a partner there, holds a state driver's licence with residency requirements, and has no place of residence, assets or intention to return to Australia is ordinarily resident outside Australia for the purposes of UCPR r 42.21(1)(a).