This judgment concerned a number of applications to strike out the claim and statement of claim, and for security for costs, made by the various defendants. The Court struck out a substantial number of paragraphs of the statement of claim as being deficient, granting leave to replead.
In the case of the application for security for costs, the key issue considered by the Court was the form of the security to be provided. The Court considered whether security for costs should be ordered in the form of a deed of indemnity from a London-based insurer – as had been held in a number of recent single instance decisions in Queensland and other jurisdictions – instead of by way of the usual bank guarantee or cash payment into Court. The Court ultimately declined to order that the security could be provided by the deed of indemnity.
The judgment can be viewed here.