Matthew Hickey OAM KC appeared for the first defendant, instructed by Lavan.
This proceeding was an application for an order that the plaintiff provide security for costs. In summary, the Court found that the first defendant satisfied the precondition under r 671 of the Uniform Civil Procedure Rules 1999 (Qld), being that there was a rational basis to believe that the plaintiff will not be able to pay the first defendant’s costs if ordered to pay them. The Court, after materially finding that the plaintiff was (in a practical perspective) impecunious and this impecuniosity could be attributed to the plaintiff’s conduct, exercised its discretion to order security for costs in the amount of $350,000.
The judgment can be read by clicking here
