The Court ordered security for costs of $40,000 against a litigation funder company that had failed to provide any evidence of its financial capacity, was in breach of prior costs orders, and had only one issued share worth $1. The quantum was significantly discounted from the $385,333.78 sought because a pending substitution application in related representative proceedings, if successful, would likely render these proceedings unnecessary. The Court held that the security application should be determined notwithstanding the pending substitution motion, but that the likely impact of that motion on the continuation of proceedings was relevant to quantum.
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