› whether reason to believe company will be unable to pay costs
› company in liquidation
› relevance of indemnity agreement to the threshold jurisdictional question of whether “the corporation will be unable to pay the costs of the defendant”
› evidentiary onus on party resisting security for costs order to show indemnity agreement is sufficient to meet adverse cost order
Practice and Procedure
› applications
› security for costs order
› discretionary considerations
› whether defendant caused the plaintiff’s impecuniosity
› cause of impecuniosity where claim is based on loss of profits
Practice and Procedure
› applications
› security for costs order
› discretionary considerations
› delay
› effect of delay in bringing a security for costs application where the proceedings are funded under a litigation funding agreement
Evidence
› opinion evidence
› expert opinion evidence
› solicitor’s estimate of future costs to be incurred in proceedings
› admissibility
Case Details
Citation[2018] NSWSC 1632
CourtNSWSC
JurisdictionNew South Wales
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