Ninan v Westpac Banking Corporation

[2015] WASCA 94

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Appellants residing overseas
5. › No assets within jurisdiction
6. › Relevant discretionary factors
7. › Amount of security
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
1. Practice and Procedure
2. › Discovery
3. › Whether discovery under O 26 r 7 available on appeal
4. › Discovery a trial procedure with no application to appeals
1. Practice and Procedure
2. › Bias
3. › Actual bias
4. › Application for recusal
5. › Whether prior adverse decision establishes actual bias
6. › Test for actual bias

Quick Take

The case provides a concise restatement of the established discretionary factors for security for costs on appeal under r 44(1) of the Supreme Court (Court of Appeal) Rules 2005 (WA), confirming that overseas residence with no assets in the jurisdiction weighs heavily in favour of an order. The amount of security ordered ($16,000) was significantly less than the amount sought ($44,649), reflecting the principle that security should not provide a complete indemnity. Discovery under O 26 r 7 is not available on appeal.