Allen Dodd as Trustee for the Dodd Superannuation Fund v Shine Corporate Ltd

[2018] QSC 40

Supreme Court of Queensland

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Quantum of security
4. › Representative proceedings
5. › Broad brush approach to assessment
6. › Whether defendant's or plaintiff's estimate preferred
7. › Civil Proceedings Act 2011 (Qld), Pt 13A
8. › Uniform Civil Procedure Rules 1999 (Qld), r 672
1. Practice and Procedure
2. › Security for costs
3. › Litigation funding
4. › Whether higher security ordered where funder declines to provide evidence of financial position
5. › Whether higher security ordered where funding agreement does not require irrevocable indemnity for adverse costs
6. › Civil Proceedings Act 2011 (Qld), s 103ZB

Quick Take

Where a litigation funder declines to provide evidence of its financial position and the funding agreement does not require an irrevocable indemnity for adverse costs, the court will loosen slightly the stringency of the security calculation but will not order a full indemnity. The broad brush approach to quantum involves reducing the defendant's detailed estimates to account for costs that would not be recoverable on assessment, over-estimation, and contingencies such as settlement.