Dunstan v Higham (No 3)

[2020] ACTCA 50

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Application to set aside security for costs order
5. › Whether special circumstances existed
6. › Whether improper purpose in seeking security
7. › Whether s 112(3) SRC Act prevented order
8. › Court Procedures Rules 2006 (ACT), r 1905
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Application of security to satisfy costs order
5. › Fixing lump sum costs
6. › Whether appropriate to fix costs and apply security
7. › Court Procedures Rules 2006 (ACT), rr 1720(3)(c), 1906(2)

Quick Take

Section 112(3) of the Safety, Rehabilitation and Compensation Act 1988 (Cth), which prevents attachment of compensation payments, does not prevent an order for security for costs from money already in the debtor's possession, and its existence supports the appropriateness of making such an order. The 'special circumstances' requirement under CPR r 1905 for setting aside security for costs orders will usually require at least a material change in circumstances, and the unsuccessful outcome of the appeal weighs against setting aside the order. A conditional intention that proceedings not continue unless security is provided does not, of itself, establish an improper purpose.