Pastor v Aegis Aged Care Staff Pty Ltd

[2023] WASCA 13

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Interlocutory applications
4. › Application to strike out grounds of appeal and dismiss appeal summarily
5. › Whether grounds of appeal had reasonable prospects of success
6. › Whether appeal so lacking in merit as to warrant summary dismissal
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)
1. Practice and Procedure
2. › Appeals
3. › Security for costs
4. › Security for costs against individual appellant
5. › Principles governing exercise of discretion
6. › Whether order would stifle appeal with reasonable prospects of success
1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Whether extension should be refused or referred to hearing of appeal
1. Defamation
2. › Limitation of actions
3. › Extension of limitation period
4. › Whether not reasonable to have commenced action within limitation period
5. › Self-represented litigant
6. › Misrepresentation as to identity of employer
7. › Limitation Act 2005 (WA), s 40

Quick Take

The case restates the principles governing security for costs against individual appellants in the WA Court of Appeal, confirming that impecuniosity alone is not sufficient ground for ordering security and that an order which would stifle an appeal with reasonable prospects of success should not be made. Grounds of appeal framed as questions rather than as assertions of error are not proper grounds of appeal.