|Wise Energy Group Company Ltd v Rocke (WASCA) - security for costs - loan agreement - security deed - appeal stayed pending payment of security for costs
|Fred Hawke & David Gerber on Proportionate Liability
|Clayton Utz Partners Frederick Hawke and David Gerber discuss proportionate liability, and what happens when a plaintiff claims the same loss under different statutory provisions, where some of those provisions give rise to apportionable claims and some do not.
|Summaries With Link (Five Minute Read)
|Wise Energy Group Company Ltd v Rocke  WASCA 192
Court of Appeal of Western Australia
Security for costs - corporations - loan agreement - security deed - respondents sought pursuant to both s1335(1) Corporations Act 2001 (Cth) and r44(1) Supreme Court (Court of Appeal) Rules 2005 (WA) security for costs of appellant’s appeal in proceedings - held: Court satisfied on evidence there was reason to believe appellant would be unable to pay costs if appeal unsuccessful - no unreasonable delay by respondents in making application - no evidence appellant would be shut out of appeal if security for costs ordered - appeal reasonably arguable - security for costs ordered - appeal to be stayed until security for costs provided.
By Robert Frost
Out walking in the frozen swamp one gray day,
I paused and said, 'I will turn back from here.
No, I will go on farther—and we shall see.'
The hard snow held me, save where now and then
One foot went through. The view was all in lines
Straight up and down of tall slim trees
Too much alike to mark or name a place by
So as to say for certain I was here
Or somewhere else: I was just far from home.
A small bird flew before me. He was careful
To put a tree between us when he lighted,
And say no word to tell me who he was
Who was so foolish as to think what he thought.
He thought that I was after him for a feather—
The white one in his tail; like one who takes
Everything said as personal to himself.
One flight out sideways would have undeceived him.
And then there was a pile of wood for which
I forgot him and let his little fear
Carry him off the way I might have gone,
Without so much as wishing him good-night.
He went behind it to make his last stand.
It was a cord of maple, cut and split
And piled—and measured, four by four by eight.
And not another like it could I see.
No runner tracks in this year's snow looped near it.
And it was older sure than this year's cutting,
Or even last year's or the year's before.
The wood was gray and the bark warping off it
And the pile somewhat sunken. Clematis
Had wound strings round and round it like a bundle.
What held it though on one side was a tree
Still growing, and on one a stake and prop,
These latter about to fall. I thought that only
Someone who lived in turning to fresh tasks
Could so forget his handiwork on which
He spent himself, the labor of his ax,
And leave it there far from a useful fireplace
To warm the frozen swamp as best it could
With the slow smokeless burning of decay.