Woolworths Ltd v Berhane

[2016] QCA 238

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Impecunious appellant
5. › Personal injury claim
6. › Whether security should be ordered against impecunious unsuccessful plaintiff appealing personal injuries judgment
7. › Whether arguable prospects of success on appeal preclude order for security
8. › Uniform Civil Procedure Rules 1999 (Qld), r 772
1. Practice and Procedure
2. › Costs
3. › Costs of interlocutory application
4. › Whether costs of unsuccessful security for costs application should follow the event or be reserved as costs in the appeal

Quick Take

Under r 772 of the UCPR (Qld), there is no requirement to show special circumstances before security for costs may be ordered on appeal, unlike in NSW and Victoria. However, where an impecunious appellant has arguable prospects of success and an order for security would frustrate the appeal, security will ordinarily be refused. The nominal plaintiff principle does not apply merely because the appellant's solicitors are acting on a speculative basis, provided the appellant retains a substantial personal interest in the outcome.