Alfaro v Brokesova

[2013] WASCA 38

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Appellant outside jurisdiction
5. › No assets within jurisdiction
6. › Whether security should be ordered
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
1. Practice and Procedure
2. › Security for costs
3. › Delay in bringing application
4. › Whether delay should reduce quantum of security
5. › Accommodation of prejudice by limiting security to costs from date of application
1. Practice and Procedure
2. › Security for costs
3. › Quantum
4. › Whether court should provide complete indemnity
5. › Broad assessment approach

Quick Take

Where an appellant resides and works outside the jurisdiction and has no assets within it, security for costs will ordinarily be ordered. A respondent's delay in bringing the application may be accommodated by limiting security to costs incurred from the date of the application rather than refusing the order. Bare conclusionary assertions of habitual residence and inability to provide security, without supporting financial details, carry no real cogency.