Sam McCarthy (led by D O’Sullivan KC) represented the sixth respondent, instructed by Hall & Wilcox.
This case concerned an appeal from an order for security of costs, with the appellant challenging the primary judge’s finding that the statutory preconditions imposed by r 671(a) of the Uniform Civil Procedure Rules 1999 (Qld) and s 1335 of the Corporations Act 2001 (Cth) were met. The appellant also contended that the judge erred in the discretionary exercise to award security.
The Court considered, inter alia, the scope of the discretionary power to award security for costs, and whether the delay in making the applications was adequately explained.
The Court held that the appeal be allowed, setting aside the orders made on 15 January 2025. The applications filed by the first, second, third, fourth, fifth and sixth respondents were also dismissed, with the respondents ordered to pay the appellant’s costs of the applications and the appeal.
The judgment can be read by clicking here
