Woolworths Group Ltd v Day

[2018] QCA 79

SUPREME COURT OF QUEENSLAND

CITATION:

Woolworths Group Ltd & Ors v Day [2018] QCA 79

PARTIES:

WOOLWORTHS GROUP LIMITED
ACN 000 014 675
(not a party to the application)
CPM AUSTRALIA PTY LTD
ACN 063 244 824
(first applicant)
RETAIL ACTIVATION PTY LTD
ACN 111 852 129
(second applicant)
v
OLGA DAY
(respondent)

FILE NO/S:

Appeal No 158 of 2018
SC No 6016 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Application for Security for Costs

ORIGINATING COURT:

Supreme Court at Brisbane – Unreported, 27 November 2017 (Douglas J)

DELIVERED ON:

27 April 2018

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Morrison JA

ORDERS:

1.   The application is refused.

2.   The costs of the application are the parties’ costs on the appeal.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – SECURITY FOR COSTS – where the applicants filed an application for security for costs a month before the appeal is to be heard – where the appeal is from an interlocutory order – where the respondent is impecunious – whether an indemnity certificate should be granted

Uniform Civil Procedure Rules 1999 (Qld), r 772

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39, cited
Jackson v Coal Resources of Queensland Ltd[1999] QCA 265, cited
Loel & Anor v Miller & Anor[2017] QCA 203, cited
Murchie v Big Kart Track Pty Ltd (No 2) [2003] 1 Qd R 528; [2002] QCA 339, followed
Palmer v Parbery[2017] QCA 238, cited

COUNSEL:

No appearance by the applicants, the applicants’ joint submissions were heard on the papers
No appearance by the respondent, the respondent’s submissions were heard on the papers

SOLICITORS:

Mills Oakley for the applicants
No appearance for the respondent

1. MORRISON JA: This is an application for security for costs of the appeal. For convenience, I will refer to the parties to this application by their designations in the appeal proper. The second and third respondents seek the order pursuant to r 772 of the Uniform Civil Procedure Rules 1999 (Qld). They contend that security of $20,000 be ordered, either in money or property to that value.

   Background to the litigation

2. On 18 December 2014, the appellant slipped and fell in a supermarket operated by Woolworths Limited (the first respondent to the appeal), near a demonstration table operated by an employee of the second and third respondents.  As a result of this fall, the appellant claims that she suffered significant injuries including an aggravation of a prolapsed L5/S1 disc, a medial meniscal tear in her left knee, a grade II to III lateral ligament tear in her left ankle and an aggravation of post-traumatic stress disorder and major depression and anxiety disorder.

3. The appellant commenced proceedings pursuant to the Personal Injuries Proceedings Act 2002 (Qld) (PIPA).  Within these proceedings, on 16 October 2017 an application was filed on behalf of the respondents seeking orders that the appellant submit to…