Lim v Comcare

Dr Lim appealed against the Tribunal's decision to the Federal Court, which subsequently dismissed the appeal. Comcare subsequently applied for security for costs in relation to the appeal. The central issue was whether the appellant had sufficient prospects of success. Dr Lim had not advanced evidence of impecuniosity or financial hardship, nor had she paid the costs of the primary proceedings. The court had to determine whether Dr Lim had sufficient prospects of success on the appeal. The court considered the evidence provided by Comcare, which largely comprised evidence of communications between Comcare's lawyers and Dr Lim. The court also noted that Dr Lim had not paid Comcare any amount in respect of the costs order made at first instance. The court found that Dr Lim's appeal did not have sufficient prospects of success. The appeal was dismissed, and Dr Lim was ordered to give security for Comcare's costs of the appeal in the sum of $15,000. If the security was not provided within 56 days, the appeal would be dismissed.