Hardingham v RP Data Pty Limited [2020] FCA 1062

Hardingham v RP Data Pty Limited [2020] FCA 1062

Security for costs should not be ordered where the appellants are impecunious and making such an order would stultify an appeal that is reasonably arguable, especially where the quantum sought is insignificant for large corporate respondents and the appellants' impecuniosity arises partly from external factors (such as COVID-19), thus weighing against the making of a security order.

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Appeal / Interlocutory Application for Security for Costs on Appeal
Outcome
Applications for security for costs dismissed.
Legal Topics
['security for Costs' 'copyright Implied Licence' 'impecuniosity and Stultification' 'covid 19 Economic Effects' 'oppressiveness of Security for Costs' 'discretionary Factors in Security for Costs on Appeal']
['practice and Procedure' 'intellectual Property'] ['security for Costs' 'copyright Implied Licence' 'impecuniosity and Stultification' 'covid 19 Economic Effects' 'oppressiveness of Security for Costs' 'discretionary Factors in Security for Costs on Appeal']

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs on Appeal

Legal Issues

  1. 1 ['Whether security for costs should be ordered on appeal where appellants are impecunious' 'Whether ordering security for costs would stultify the appeal' 'Whether it would be oppressive to order security for costs against impecunious appellants in favour of large corporate respondents' 'Whether the grounds of appeal are reasonably arguable']

Ratio Decidendi

Security for costs should not be ordered where the appellants are impecunious and making such an order would stultify an appeal that is reasonably arguable, especially where the quantum sought is insignificant for large corporate respondents and the appellants' impecuniosity arises partly from external factors (such as COVID-19), thus weighing against the making of a security order.

Court Disposition

Applications for security for costs dismissed.

Orders

  • ['The interlocutory application filed by the first respondent on 3 April 2020 and the interlocutory application filed by the second respondent on 3 April 2020 be dismissed.' "The respondents pay the appellants' costs of the interlocutory applications referred to in order 1."]