Wreford v Castleyheard Pty Ltd [No 2]

[2023] WASCA 11

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Summary dismissal of appeal
4. › Whether grounds of appeal had reasonable prospect of succeeding
5. › Whether interests of justice required summary dismissal
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), rr 43(2)(f), 43(2)(g)(i), 43(2)(kb)(i)
1. Practice and Procedure
2. › Appeal
3. › Security for costs
4. › Principles governing security for costs on appeal
5. › Whether appellant's inability to satisfy costs order
6. › Whether order would stifle appeal
7. › Whether appeal prospects relevant

Quick Take

The case restates the established principles governing security for costs on appeal in Western Australia, confirming that 'special circumstances' do not need to be shown, and illustrates the application of those principles where the appellant's only asset is encumbered real property and the appellant has access to some funding but poor appeal prospects.