Ogbonna v Qantas Airways Limited

In the Supreme Court of Western Australia, the Court of Appeal considered an appeal by Celestine Ogbonna against Qantas Airways Limited and Qantas Ground Services Pty Ltd, in relation to an order that Ogbonna provide security for the respondents' costs in his ongoing employment dispute. The appeal challenged the primary judge's decision to require Ogbonna to pay $50,000 into court as security for costs, and to stay the proceedings until that security was provided. The primary judge had dismissed Ogbonna's application for an adjournment of the hearing on the respondents' security for costs application, and determined the application on the papers. The appeal to the Court of Appeal was against the interlocutory orders, requiring leave to appeal under s 60(1)(f) of the Supreme Court Act 1935 (WA). The Court of Appeal considered whether Ogbonna's grounds of appeal disclosed any reasonably arguable basis for a successful appeal.

The Court of Appeal found that Ogbonna's grounds of appeal did not engage with the primary judge's reasons for ordering Ogbonna to pay security for costs, and that the primary judge's decision was correct for the reasons he gave. The Court of Appeal concluded that the correctness of the primary judge's decision was not attended by sufficient doubt to justify the grant of leave to appeal. The Court of Appeal refused leave to appeal and dismissed the appeal, ordering Ogbonna to pay the respondents' costs of the appeal in the sum of $1,000.