Kirkham v Tassone

In the case of Kirkham v Tassone, the appellant, Mr Kirkham, sought to appeal against the decision of the court below. The respondent, Mr Tassone, applied for an order for security for costs in the event of the appeal being unsuccessful. The matter was heard in the Court of Appeal. The central dispute revolved around the financial circumstances of Mr Kirkham and the potential impact of an unsuccessful appeal on Mr Tassone.

The court was required to determine whether special circumstances existed, which would warrant an order for security for costs. Special circumstances include factors such as the appellant's impecuniosity and any contingency fee arrangement with his solicitors. Mr Kirkham's financial situation and the nature of his legal representation were pivotal in assessing whether such an order was necessary.

In making its decision, the court examined the responses provided by Mr Kirkham’s solicitor to questions regarding the appellant's financial status and the terms of his legal representation. The court concluded that Mr Kirkham’s impecuniosity, coupled with the contingency fee arrangement, constituted special circumstances. Consequently, the court found that Mr Tassone had demonstrated the necessary grounds for the imposition of security for costs. The court ordered Mr Kirkham to provide security for costs in the sum of $20,000.