Mr D v Ms P

[2020] NSWCA 174

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to proceed
3. › Felons (Civil Proceedings) Act 1981 (NSW)
4. › Criteria for grant of leave
5. › Meaning of 'prima facie ground for the proceedings'
6. › Whether appeal not hopeless or unarguable
7. › Felons (Civil Proceedings) Act 1981 (NSW), ss 4, 5
1. Appeal
2. › Security for costs
3. › Security against individual appellant
4. › Special circumstances
5. › Whether special circumstances existed
6. › Where appellant was defendant at first instance
7. › Where appellant currently incarcerated
8. › Where significant damages award would remain irrespective of appeal outcome
9. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Appeal
2. › Appellate review of findings of fact
3. › Where findings based on credibility assessments
4. › Principles in Fox v Percy
5. › Whether appellant's challenge to factual findings had reasonable prospects

Quick Take

Practitioners acting for incarcerated appellants should note that the 'prima facie ground' threshold under the Felons Act is relatively low, and that special circumstances for security for costs may exist where a significant damages award will remain regardless of the appeal outcome.