Sims v Suda Ltd [No 2]

[2015] WASCA 180

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Relevant factors
5. › Inability of appellant to meet costs order
6. › Whether inability to be inferred from failure to disclose assets
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Amount of security
5. › Whether security should provide complete indemnity
6. › Whether security should be limited where appellant impecunious

Quick Take

Where evidence suggests an appellant cannot meet a costs order and the appellant fails to provide evidence to the contrary, the court will more readily infer inability to pay. A claim to be entitled to indemnification by the opposing party for legal costs does not defeat a security for costs application where success on the appeal is not evident.