Ailakis v Olivero

[2013] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Whether restriction on ordering security merely on account of poverty applies in Court of Appeal
5. › Whether unfettered discretion under Court of Appeal Rules prevails over restriction in Rules of the Supreme Court
6. › Rules of the Supreme Court 1971 (WA), O 25 r 1
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Factors relevant to exercise of discretion
5. › Existence of judgment below
6. › Appellant's capacity to pay
7. › Prospects of success
8. › Whether order would frustrate appeal

Quick Take

In the Western Australian Court of Appeal, the prohibition in O 25 r 1 of the Rules of the Supreme Court 1971 (WA) against ordering security merely on account of poverty does not apply. The Court of Appeal's discretion under r 44(1) of the Supreme Court (Court of Appeal) Rules 2005 (WA) is unfettered, and poverty or inability to pay costs is a relevant factor to be weighed alongside all other circumstances, including the existence of a judgment below, prospects of success, and whether the order would frustrate the appeal.