Allens Arthur Robinson

The Supreme Court of Queensland has confirmed that, in a security for costs application against an impecunious corporation, the willingness of those who stand behind that corporation to expose themselves financially is simply one of the factors that a court must consider in exercising its unfettered discretion to order security for costs. In the circumstances, the undertakings offered persuaded the court that those who stood behind the corporation had exposed their own assets and, so, an order for security for costs was not required. [Case ref: 57 Moss Rd Pty Ltd v T&M Buckley Pty Ltd [2010] QSC 278.]

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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