Rickard Constructions Pty Limited v Allianz Australia Insurance Limited & Ors [2002] NSWSC 1162

Rickard Constructions Pty Limited v Allianz Australia Insurance Limited & Ors [2002] NSWSC 1162

There is no evidence that SST, the litigation funder, cannot provide the security or that the plaintiff would lose the benefit of moneys already spent; thus, the court, in exercising its discretion, orders modest security for costs.

Parties
Plaintiff/respondent: Rickard Constructions Pty Limited; Third Defendant/applicant: Allianz Australia Insurance Limited
Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Application for Security for Costs / Interlocutory
Outcome
Order for security for costs made in the sum of $50,000. Plaintiff to pay half the third defendant's costs of the motion.
Legal Topics
Security for Costs, Litigation Funding, Delay in Application for Security
Civil Procedure Security for Costs Litigation Funding Delay in Application for Security

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Rickard Constructions Pty Limited

Plaintiff/respondent

Allianz Australia Insurance Limited

Third Defendant/applicant

Procedural Posture

Application for Security for Costs / Interlocutory

Legal Issues

  1. 1 Whether an order for security for costs should be made against the plaintiff where its litigation is funded by a third party
  2. 2 Whether delay by the defendant in seeking security for costs precludes such an order
  3. 3 Whether the plaintiff will be prejudiced if an order for security is made

Ratio Decidendi

There is no evidence that SST, the litigation funder, cannot provide the security or that the plaintiff would lose the benefit of moneys already spent; thus, the court, in exercising its discretion, orders modest security for costs.

Court Disposition

Order for security for costs made in the sum of $50,000. Plaintiff to pay half the third defendant's costs of the motion.

Orders

  • Plaintiff to provide security for costs in the amount of $50,000.
  • Plaintiff to pay half of the third defendant's costs of the motion.