Where a corporate plaintiff fails to adduce any evidence of its financial position in response to a security for costs application and strenuously resists disclosure of financial information, an adverse inference under [name withheld] v [name withheld] may be drawn which, combined with even limited positive evidence of impecuniosity (minimal paid-up capital, no identifiable assets, unpaid costs orders), is sufficient to satisfy the threshold under s 1335 of the Corporations Law. A simple affidavit from an appropriate officer as to the company's solvency may effectively answer the defendant's evidence.
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