Duckworth v Commonwealth Bank of Australia

[2013] WASCA 249

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Factors relevant to exercise of discretion
5. › Appellant without tangible assets
6. › Whether appeal has reasonable prospect of success
7. › Whether order would stifle genuine appeal
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
1. Practice and Procedure
2. › Appeals
3. › Grounds of appeal
4. › Requirements for self-represented litigants
5. › Whether grounds identify errors of a recognised genre
6. › Adequacy of grounds of appeal as vehicle for appellate review

Quick Take

The case provides a convenient summary of the factors relevant to an application for security for costs of an appeal under r 44(1) of the Supreme Court (Court of Appeal) Rules 2005 (WA), including the relevance of the respondent having the benefit of an enforceable judgment. Where an appellant is impecunious, security should not be greater than absolutely necessary, and the court reduced the amount sought from $46,277 to $30,000.