SIMS -v- SUDA LTD [No 2] [2015] WASCA 180
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASCA 180 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:145/2014 | 17 JUNE 2015 | |
| Coram: | McLURE P NEWNES JA | 7/09/15 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Security for costs ordered | ||
| B | |||
| PDF Version |
| Parties: | DOUGLAS ARTHUR SIMS SUDA LTD |
Catchwords: | Practice and procedure Application for security of costs of appeal Relevant principles Inability of appellant to meet costs order to be inferred |
Legislation: | Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1) |
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 Sims v Suda Ltd [2014] WADC 161 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : SIMS -v- SUDA LTD [No 2] [2015] WASCA 180 CORAM : McLURE P
- NEWNES JA
- Appellant
AND
SUDA LTD
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : DAVIS DCJ
Citation : SIMS -v- SUDA LTD [2014] WADC 161
File No : CIV 3938 of 2012
Catchwords:
Practice and procedure - Application for security of costs of appeal - Relevant principles - Inability of appellant to meet costs order to be inferred
Legislation:
Supreme Court (Court of Appeal) Rules 2005 (WA), r 44(1)
Result:
Security for costs ordered
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : Mr N C Ebbs
Solicitors:
Appellant : In person
Respondent : Bennett + Co
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
Sims v Suda Ltd [2014] WADC 161
1 JUDGMENT OF THE COURT: This is an application by the respondent for an order that the appellant provide security for the respondent's costs of the appeal. The appeal arises out of an action brought by the appellant in the District Court claiming damages for the alleged breach by the respondent of an indemnity clause in the appellant's contract of employment. The action was dismissed by Davis DCJ and the appellant has appealed against her Honour's decision.
Background
2 The appellant was a director of the respondent and was employed as its 'International Business Director' from 1 October 2007 to 9 June 2009, pursuant to a written employment agreement. The employment agreement contained a provision by which, in substance, the respondent agreed to indemnify the appellant in respect of any legal proceedings arising from or in any way connected with the appellant…
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- Sims v Suda Ltd [No 2] [2015] WASCA 180
- Case
- [2015] WASCA 180
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the appellant had satisfied the threshold requirement for an order for security for costs. This involved assessing the merits of the appeal and whether the appellant had demonstrated an inability to meet a costs order if the appeal were to fail. The court considered the relevant principles governing security for costs, including the balance of convenience and the ability of the parties to meet any potential costs order.
The court found that the appellant had demonstrated a lack of realistic prospects of success on the appeal. It also inferred the appellant's inability to meet a costs order if the appeal were to fail. The court noted that the appellant had provided evidence of their financial situation, which supported the inference that they could not meet any potential costs order. Based on these findings, the court concluded that the appellant had satisfied the threshold requirement for an order for security for costs.
The court ordered that security for costs be provided by the appellant. The specific amount of security was not specified in the decision. The order was made under the relevant legislation, which provides for the court to require security for costs in appropriate circumstances.
Orders
Orders of the court
Security for costs ordered
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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