Security for costs – discretionary factors

The Court of Appeal of the Supreme Court of Western Australia has rejected an appeal from a decision not to order security for costs for an appeal. The court emphasised that an application for security for costs should not be declined only on the basis that making such order would stifle an appeal. The court should also consider other discretionary factors (eg the likelihood that the appellant will be unable to meet an adverse costs order and the broader significance of the questions of law to be determined). [Case ref: Dodds v Kennedy [2011] WASCA 32.]