Canty v PaperlinX Australia Pty Ltd

[2014] NSWCA 18

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Special circumstances
5. › Impecuniosity of natural person appellants
6. › Whether order would stultify appeal
7. › Whether appeal had no real prospects of success
8. › Whether respondent's insurance relevant consideration
1. Practice and Procedure
2. › Stay of execution
3. › Pending appeal
4. › Inability to satisfy judgment debt
5. › Absence of relevant prejudice to respondent
6. › Conditional stay upon undertaking to prosecute with expedition

Quick Take

Where a respondent to an appeal has itself demonstrated the appellant's impecuniosity and has only recently challenged stultification, the appellant may be taken to have sufficiently established likely stultification despite scant direct evidence. The existence of trade debtor's insurance held by the respondent is not a relevant consideration in the exercise of discretion on security for costs in an ordinary case. Where an appellant cannot pay the judgment debt, the appeal is reasonably arguable, and there is no evidence of material prejudice to the respondent, a stay of execution will ordinarily be granted upon an undertaking to prosecute the appeal with reasonable expedition.