On applications for security for costs under s 1335 of the Corporations Act, there is no shifting evidentiary burden; the persuasive onus rests on the defendant-applicant throughout, though a party asserting a particular factual matter must adduce evidence to support it. Allegations that directors 'procured and directed' a corporation's contraventions, particularised only by reference to their office as directors, are insufficient to establish primary or accessorial liability. Where a plaintiff trustee company's only assets are its right of indemnity against encumbered trust property, the threshold condition for security is likely to be satisfied.
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