QLDQCA
Murchie v Big Kart Track P/L & Anor [2002] QCA 339
[2002] QCA 339
Court of Appeal (Qld)|2002-09-06|Before: Davies and Jerrard JJA and Wilson J, Judgment of the Court
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-09-06
Before
Davies and Jerrard JJA and Wilson J, Judgment of the Court
Catchwords
- APPEAL AND NEW TRIAL - APPEAL – PRACTICE AND PROCEDURE –
- QUEENSLAND – STAY OF PROCEEDINGS AND SECURITY FOR COSTS
- – SECURITY
- FOR COSTS – where judgment entered for defendants at trial – where
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL - APPEAL – PRACTICE AND PROCEDURE –QUEENSLAND – STAY OF PROCEEDINGS AND SECURITY FOR COSTS– SECURITYFOR COSTS – where judgment entered for defendants at trial – whereplaintiff appealed – whereplaintiff/appellant wished to adduce freshevidence – where plaintiff/appellant had insufficient means to satisfycosts orderif unsuccessful on appeal – where plaintiff/appellant’sprospects of success on appeal were poor – whether theCourt of Appealshould exercise its discretion and make an order for security for costs againstthe plaintiff/appellantUniform Civil Procedure Rules 1999 (Qld), r 772(1)Borland vMakauskas [2000] QCA 521Appeal No 6935 of 2000, 20 December 2000, referredtoCalin v Greater Union Organisation Pty Ltd [1991] HCA 23(1991) 173 CLR 33,referred toClarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R404, referred toJackson v Coal Resources of Queensland Ltd [1999] QCA