Chibanda v Chief Executive, Queensland Health & Anor

[2018] QCA 334

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Queensland
4. › Security for costs
5. › Application for extension of time to appeal
6. › Whether r 772 UCPR engaged when no appeal on foot
7. › Whether r 670(1) UCPR permits security for costs of application for extension of time
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 670(1), 748, 772
1. Practice and Procedure
2. › Security for costs
3. › Discretionary factors
4. › Prospects of success of underlying appeal
5. › Financial position of applicant
6. › Risk of non-payment of costs

Quick Take

Where an applicant seeks an extension of time to appeal and no appeal is on foot, r 772 UCPR is not engaged but the court may order security for costs of the extension application under the general power in r 670(1) UCPR. Poor prospects of success on the underlying appeal and limited financial means of the applicant are factors supporting such an order.