Twining v Curtis

[2014] ACTCA 19

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Security for costs on appeal
3. › Factors to be taken into account
4. › Impecuniosity of appellant
5. › Prospects of success of appeal
6. › Whether respondent contributed to impecuniosity
7. › Delay in filing application
8. › Court Procedures Rules 2006 (ACT), r 5302
1. Appeal
2. › Security for costs on appeal
3. › Distinction between security for costs at trial and on appeal
4. › Appellant has had day in court
5. › Impecuniosity as ground for order on appeal
1. Tort
2. › Injurious falsehood
3. › Elements of cause of action
4. › Whether statements false
5. › Whether statements malicious
6. › Whether statements caused actual damage
7. › Statements made in context of employment

Quick Take

Where the prospects of success of an appeal are low and the appellant is demonstrably impecunious and unable to pay any adverse costs if the appeal fails, an order for security for costs will usually be made, notwithstanding that the order may stultify the appeal. The Natcraft factors provide the framework for assessing such applications in the ACT Court of Appeal.