DONALD CAMPBELL-SMITH as executor of the estate of MARTIN BANNING v GRAEME TREVOR LEAN (in his capacity as Receiver)

[2017] WASCA 89

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Impecuniosity of appellant
5. › Whether order would stifle appeal
6. › Whether respondent's conduct contributed to appellant's inability to provide security
7. › Evidential onus on appellant
8. › Person standing behind litigation

Quick Take

Where appellants claim an order for security would stifle an appeal, they bear the evidential onus of demonstrating both their own impecuniosity and that persons standing behind the litigation lack means. Vague and unparticularised evidence of impecuniosity will not discharge that onus. Where appellants contend the respondent's conduct contributed to their inability to provide security, they must establish their prior financial position and a causal link between the respondent's conduct and their present inability.