Plyable Pty Ltd & Anor v Go Gecko (Franchise) Pty Ltd & Ors (No 2)

[2016] QSC 256

Supreme Court of Queensland

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interlocutory proceedings
4. › Security for costs applications
5. › Costs of successful application
6. › Whether normal rule that costs reserved or costs in the cause
7. › Whether costs follow the event
8. › Uniform Civil Procedure Rules 1999 (Qld), r 681

Quick Take

There is no 'normal' or 'usual' rule that costs of a successful security for costs application should be reserved or made costs in the cause. The general costs discretion applies (in Queensland, UCPR r 681), and costs follow the event unless the court orders otherwise. The assertion in Quick on Costs that a security for costs application assumes the plaintiff's failure at trial is incorrect.