Jackson v Coal Resources of Queensland Limited
[1999] QCA 265
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- Unreported Judgment
- Appeal Determined (QCA)
- Jackson v Coal Resources of Queensland Limited[1999] QCA 265
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Jackson v Coal Resources of Queensland Limited[1999] QCA 265
Jackson v Coal Resources of Queensland Limited[1999] QCA 265
COURT OF APPEAL
de JERSEY CJ
McPHERSON JA
WHITE J
Appeal No 3262 of 1999
MARK KEVIN JACKSON Appellant (Plaintiff)
and
COAL RESOURCES OF QUEENSLAND
LIMITED Respondent (Defendant)
BRISBANE
DATE 15/07/99
JUDGMENT
THE CHIEF JUSTICE: The appellant appeals against a judgment rejecting his claim for damages on the basis that he had failed to establish negligence or breach of duty on the part of the respondent as his employer.
I will not comment on the merit of the appeal save to observe that in my view there is nothing in the reasons for judgment which would encourage an approach on this application especially accommodating to the appellant as the respondent to the application for security for costs.
The material shows sufficiently to my mind that if the appellant fails on the appeal, he will not be able to meet a costs order against him. The circumstance that his impecuniosity may have been a substantial result of the accident has diminished significance at this appeal level by contrast with its arguable significance at first instance.
There is no discretionary reason why security for costs should not be ordered. The amount sought is $10,920. I would exclude the costs of this application and make a substantial further adjustment to reflect doubt whether the fees of senior counsel would be allowed.
I would set the amount to be ordered for security at $5500. I would order that the appellant furnish to the Registrar as security for the respondent's costs of the appeal by 4 p.m. on 29 July 1999 the amount of or property to the value of $5500 in such form as the Registrar may require whether by payment of money or otherwise and that failing the furnishing of such security by that time the appeal stand dismissed without further order.
I would order that the costs of this application be costs in the cause.
...
THE CHIEF JUSTICE: The order I mentioned before should read
"The appeal stand dismissed with costs without further order."
...
THE CHIEF JUSTICE: I will read it out again. Order - and I sense from the reaction of my colleagues - that this is the order of the Court.
Order that the appellant furnish to the Registrar as security for the respondent's costs of the appeal the amount of $5500 or property to the value of $5500 by 4 p.m. on 29 July 1999 in such form as the Registrar may require, whether by payment of money or otherwise, and that failing the furnishing of such security by that time the appeal stand dismissed with costs without further order. Costs of this application to be costs in the appeal. That is the order of the Court.