Vaughan v Jilek & Anor

[2023] QCA 148

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory orders of practice and procedure
4. › Security for costs
5. › Application to set aside security for costs order
6. › Whether special circumstances shown
7. › Uniform Civil Procedure Rules 1999 (Qld), r 675
1. Appeal
2. › Application for leave to appeal
3. › Interlocutory orders of practice and procedure
4. › Prospects of success
5. › Whether appellate court will interfere with discretionary orders
6. › Whether substantial injustice demonstrated
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Jurisdiction of single Judge of Appeal
3. › Power to dismiss for failure to provide security for costs
4. › Whether Judge of Appeal may exercise power under r 674
5. › Supreme Court of Queensland Act 1991 (Qld), ss 44(1), (2), (3)
6. › Uniform Civil Procedure Rules 1999 (Qld), r 674, ch 17
1. Practice and Procedure
2. › Security for costs
3. › Failure to comply with security for costs order
4. › Guillotine order
5. › Whether hearing should be vacated and guillotine order made

Quick Take

A single Judge of Appeal has jurisdiction under s 44(1)(b) of the Supreme Court of Queensland Act 1991, read with chapter 17 of the UCPR, to dismiss an application for leave to appeal for failure to provide security for costs, and to make guillotine orders. Rule 675 of the UCPR (requiring special circumstances) governs applications to set aside or vary security for costs orders in leave to appeal proceedings. An applicant for leave to appeal against discretionary orders of practice and procedure must demonstrate not only error of principle but also that the order will work substantial injustice.