The underlying policy of the Building and Construction Industry Security of Payment Act 2002 (Vic) — to ensure prompt payment to builders and contractors — adds weight to the entitlement of a successful claimant to the benefit of judgment, particularly where the challenge to payment claims is based on matters of technicality rather than substance. A guarantee from a related entity that cannot be directly enforced by the respondent does not of itself provide security for costs, but the existence of third-party financial support may negate any suggestion that an order for security would be oppressive.
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