A party's failure to respond to a reasonable written request for financial information in the context of a security for costs application must be assessed in light of the party's obligations under s 56 of the Civil Procedure Act 2005 (NSW), and such failure can ground an adverse inference on the threshold question without the applicant needing to issue a notice to produce. The 'assumption of risk' discretionary factor requires evidence of the defendant's actual knowledge of the plaintiff's financial position and does not automatically apply merely because the plaintiff is a special purpose vehicle.
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