ROMEO -v- WESLEY COLLEGE [2015] WASCA 52
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASCA 52 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:146/2014 | 5 MARCH 2015 | |
| Coram: | NEWNES JA | 17/03/15 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Appellant to provide security for costs of $12,000 by 3 April 2015 Appeal dismissed if security is not provided | ||
| B | |||
| PDF Version |
| Parties: | VINCENT JIM ROMEO KAREN LEE ROMEO WESLEY COLLEGE |
Catchwords: | Practice and procedure Security for costs of appeal Relevant principles Security ordered Turns on own facts |
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 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 : ROMEO -v- WESLEY COLLEGE [2015] WASCA 52 CORAM : NEWNES JA HEARD : 5 MARCH 2015 DELIVERED : 17 MARCH 2015 FILE NO/S : CACV 146 of 2014 BETWEEN : VINCENT JIM ROMEO
- First Appellant
KAREN LEE ROMEO
Second Appellant
AND
WESLEY COLLEGE
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : WAGER DCJ
Citation : ROMEO -v- WESLEY COLLEGE [2014] WADC 152
File No : APP 41 of 2014
Catchwords:
Practice and procedure - Security for costs of appeal - Relevant principles - Security ordered - Turns on own facts
Legislation:
Nil
Result:
Appellant to provide security for costs of $12,000 by 3 April 2015
Appeal dismissed if security is not provided
Category: B
Representation:
Counsel:
First Appellant : No appearance
Second Appellant : No appearance
Respondent : Mr A J Prentice
Solicitors:
First Appellant : No appearance
Second Appellant : No appearance
Respondent : Mossensons
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
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 5 March 2015, I ordered the appellants to provide security for the respondent's costs of the appeal in the sum of $12,000 on or before 3 April 2015, by payment of that sum into court unless the parties can agree on arrangements for it to be paid into an interest bearing account, and that in default of payment the appeal be dismissed.
2 I said I would provide reasons for my decision in due course. The following are the reasons.
Background
3 The respondent brought proceedings in the Magistrates Court against the appellants claiming outstanding school fees. The appellants defended the claim, contending that there had been a total failure of consideration as the…
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- Case
- [2015] WASCA 52
- Decision Date
CaseChat Overview and Summary
The court considered several factors in determining the appropriate amount of security. These included the merits of the appeal, the prospects of success, the ability of the respondent to pay the costs if successful, and the appellant's ability to pay the security. The court examined the evidence and submissions presented by both parties and assessed the likelihood of the appeal being successful. The court found that the appellant had a reasonable prospect of success on the appeal, but the respondent's ability to pay the costs if unsuccessful was limited. The court also considered the appellant's financial situation and determined that they had the means to provide the security.
The court ordered that the appellant provide security for the costs of appeal in the amount of $12,000 by a specified date. The court reasoned that this amount was sufficient to cover the potential costs that the respondent might incur if the appeal was unsuccessful. The court emphasised that the decision to order security and the amount was based on the specific facts and circumstances of the case. The court dismissed the appeal if the security was not provided by the stipulated date.
Orders
Orders of the court
Appellant to provide security for costs of $12,000 by 3 April 2015
Appeal dismissed if security is not provided
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.