LAWLESS -v- MACKENDRICK [No 2] [2014] WASCA 157
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASCA 157 | |
| THE COURT OF APPEAL (WA) | 28/08/2014 | ||
| Case No: | CACV:94/2013 | 13 AUGUST 2014 | |
| Coram: | NEWNES JA | 13/08/14 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Security for costs ordered in the sum of $15,000 | ||
| B | |||
| PDF Version |
| Parties: | KEVIN GERARD LAWLESS ALISTAIR MACKENDRICK PAMELA ALISON GABRIELS CHRISTOPHER DEREK BLAKE THE KING AND I PTY LTD |
Catchwords: | Practice and procedure Application for security for costs of appeal by second respondent Relevant principles Whether undue delay in making application Whether order for costs will stifle appeal |
Legislation: | Nil |
Case References: | Brundza v Robbie & Co [No 2] [1952] HCA 49; (1952) 88 CLR 171 Commonwealth Bank of Australia v Eise (1991) 6 ACSR 1 Lawless v Mackendrick [2014] WASCA 105 Mann v Dabelstein [2006] WASCA 176 Natcraft Pty Ltd v Det Norske Veritas [2002] QCA 241 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : LAWLESS -v- MACKENDRICK [No 2] [2014] WASCA 157 CORAM : NEWNES JA HEARD : 13 AUGUST 2014 DELIVERED : 13 AUGUST 2014 PUBLISHED : 28 AUGUST 2014 FILE NO/S : CACV 94 of 2013 BETWEEN : KEVIN GERARD LAWLESS
- Appellant
AND
ALISTAIR MACKENDRICK
PAMELA ALISON GABRIELS
First respondents
CHRISTOPHER DEREK BLAKE
Second respondent
THE KING AND I PTY LTD
Third respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : KENNETH MARTIN J
Citation : LAWLESS -v- MACKENDRICK [No 4] [2013] WASC 272
File No : CIV 1146 of 2006
Catchwords:
Practice and procedure - Application for security for costs of appeal by second respondent - Relevant principles - Whether undue delay in making application - Whether order for costs will stifle appeal
Legislation:
Nil
Result:
Security for costs ordered in the sum of $15,000
Category: B
Representation:
Counsel:
Appellant : Mr T Galic
First respondents : No appearance
Second respondent : Mr D J Pratt
Third respondent : No appearance
Solicitors:
Appellant : Galic & Co
First respondents : No appearance
Second respondent : Jackson McDonald
Third respondent : No appearance
Case(s) referred to in judgment(s):
Brundza v Robbie & Co [No 2] [1952] HCA 49; (1952) 88 CLR 171
Commonwealth Bank of Australia v Eise (1991) 6 ACSR 1
Lawless v Mackendrick [2014] WASCA 105
Mann v Dabelstein [2006] WASCA 176
Natcraft Pty Ltd v Det Norske Veritas [2002] QCA 241
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
1 NEWNES JA: On 13 August 2014, I ordered the appellant to provide security for the second respondent's costs of the appeal in the sum of $15,000. I said I would provide reasons for my decision. The following are the reasons.
2 The background to the appeal and the substantive issues arising on the appeal are summarised in…
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- Lawless v Mackendrick [No 2] [2014] WASCA 157
- Case
- [2014] WASCA 157
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the application for security for costs of appeal by the second respondent was made within a reasonable time, and whether granting the order would stifle the appeal. The appellant argued that the application was untimely and that making the order would be an impediment to the appeal process. The second respondent contended that the delay was not significant and that there was no evidence that the order would stifle the appeal.
In delivering the judgment, the court found that there had been some delay in making the application, but it was not so significant as to render the application an abuse of process. The court also found that there was no evidence to suggest that the order would stifle the appeal. The court was satisfied that the second respondent had a reasonable prospect of success on the appeal and that the costs were not extravagant or unmerited. The court ordered security for costs in the sum of $15,000.
Orders
Orders of the court
Security for costs ordered in the sum of $15,000
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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