Application for security for costs. The proceedings involved claims for delay costs and retention monies paid under two subcontracts – with money allegedly due for work done for the provision of rigging and related services for two projects concerning military maintenance work. The defendant denied it was liable for any sums under the subcontracts and counterclaimed for sums it alleged were due under the subcontracts on various grounds. There was no suggestion by either party that the claims of the other were demonstrably without merit. However, the second plaintiff company had been wound up and it was contended that security should not be ordered because of the presence of the first plaintiff (the liquidator) as a party to the proceeding.
Michael Trim appeared for the defendant, instructed by McCullough Robertson.
The judgment is available here.