Delay by a defendant in bringing a security for costs application does not necessarily preclude an order for past costs; the appropriate response is to reduce the amount to reflect unjustified delay. Pre-proceeding costs incurred in preparing for a notified claim are within the scope of security for costs orders. The Buckley v Bennell statement that a plaintiff is 'entitled' to know its position on security at the outset is too strong and should not be treated as fettering the discretion.
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