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  • Unreported Judgment

Davey v TriCare Ltd

 

[2003] QCA 264

 

SUPREME COURT OF QUEENSLAND

PARTIES:

FILE NO/S:

Court of Appeal

PROCEEDING:

Application for Security for Costs

ORIGINATING COURT:

DELIVERED EX TEMPORE ON:

24 June 2003

DELIVERED AT:

Brisbane

HEARING DATE:

24 June 2003

JUDGES:

Davies, Williams and Jerrard JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for security for costs dismissed with costs

CATCHWORDS:

PROCEDURE - COSTS - SECURITY FOR COSTS - OTHER MATTERS - where respondent sued employer for damages for personal injury arising out of negligent system of work - where respondent appeals against inadequacy of damages assessed - where appeal has some prospects of success - where application for security for costs of appeal dismissed

COUNSEL:

R A I Myers for the appellant
J G Crowley QC, with P B de Plater, for the respondent

SOLICITORS:

Shine Roche McGowan for the appellant
McCullough Robertson for the respondent

 

DAVIES JA:  This is an application for security for costs of an appeal by the respondent against a judgment in her favour in the sum of $23,186.

 

The respondent sued the applicant, her employer, for damages for personal injuries arising out of a negligent system of work.  The appeal is, in effect, the inadequacy of the damages assessed by the learned trial judge.

 

The appeal is, in my opinion, by no means unarguable, and indeed it, in my opinion, has some prospects of success.  The respondent, on the other hand, appears to be unable to pay the applicant's costs if she loses the appeal.  The applicant already has an order for costs against her, which are approximately equal to the judgment in her favour.

 

The principles, with respect to security for costs, are not in doubt and it is unnecessary to state them here today.

 

Applying them to this case, in my opinion, the respondent's prospects of success outweigh the factors mentioned by Mr Myers, and favour an order for security for costs, and for that reason, I would dismiss the application.

 

WILLIAMS JA:  I agree.

 

JERRARD JA:  I agree.

 

DAVIES JA:  The application is dismissed, with costs.

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Editorial Notes

  • Published Case Name:

    Davey v TriCare Ltd

  • Shortened Case Name:

    Davey v TriCare Ltd

  • MNC:

    [2003] QCA 264

  • Court:

    QCA

  • Judge(s):

    Davies JA, Williams JA, Jerrard JA

  • Date:

    24 Jun 2003

Litigation History

No Litigation History

Appeal Status

No Status