Covecorp Constructions P/L v Indigo Projects P/L

[2007] QSC 262

Supreme Court of Queensland

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Variation of existing order for security
5. › Whether application to increase security amounts to variation requiring special circumstances
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 670, 675
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Effect of delay in making application
5. › Whether delay in pressing application for further security limits period for which security ordered
6. › Whether costs incurred before application should be excluded
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Effect of counterclaims on quantum of security
5. › Whether overlap of evidence between claim and counterclaim affects security order
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Quantum of security
5. › Whether security should be ordered up to first day of trial or end of trial
6. › Effect of prior agreed reduction in costs estimate

Quick Take

An application for increased security for costs where a prior order exists is an application to vary that order requiring 'special circumstances' under UCPR 675, regardless of whether it is framed as being under the inherent jurisdiction or UCPR 670. Where a defendant raises the issue of further security but then delays pressing the application for a significant period during which the plaintiff incurs substantial preparation costs, security will be limited to costs incurred after the application was served. A defendant who previously agreed to accept security substantially less than its estimated costs will be held to that agreement in calculating the quantum of any further security.