Commercial & Process Services Australia Pty Ltd & Anor v Craven

[2020] QCA 177

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Impecunious appellant
5. › Prospects of success on appeal
6. › Whether security should be ordered
7. › Uniform Civil Procedure Rules 1999 (Qld), r 772
1. Practice and Procedure
2. › Security for costs
3. › Relevant considerations on application for security for costs of appeal
4. › Unfettered discretion
5. › Financial position of appellant
6. › Impecunious appellant who has already had day in court
7. › Whether impecuniosity attributable to respondent
8. › Manner of pursuit of litigation
1. Appeal
2. › Interlocutory orders
3. › Appeal from discretionary order for security for costs
4. › Prospects of success
5. › Whether primary judge's exercise of discretion was erroneous

Quick Take

Where an impecunious appellant has no reasonable prospects of success on an appeal from a discretionary interlocutory order for security for costs, the potential stifling effect of a further security order is of diminished consequence and cannot outweigh the considerations in favour of ordering security. Persistent pursuit of litigation through multiple unsuccessful interlocutory applications and appeals may be characterised as obsessive rather than rational, supporting an order for security.