Burg Design Pty Ltd & Ors v Wolki, Klaus Dieter Johannes & Anor [1997] FCA 1435

Burg Design Pty Ltd & Ors v Wolki, Klaus Dieter Johannes & Anor [1997] FCA 1435

Given the involvement of Mr Mallows senior as funder with an indirect interest in the litigation and lack of contrary evidence, it is appropriate to maintain the existing security order and additionally require a further modest sum as security for costs.

Parties
First Applicant: BURG DESIGN PTY LTD; Second Applicant: GEOFFREY JOHN MALLOWS; Second Applicant: ELAINE JOY MALLOWS; Respondent: KLAuS DIETER JOHANNES WOLKI; Respondent: BEVERLEY MARTHA WOLKI
Jurisdiction
Australia
Judgment Date
28 November 1997
Procedural Posture
Application / Interlocutory (security for Costs)
Outcome
Order for further security for costs granted. Existing order for security remains; further $10,000 security ordered before hearing allocation.
Legal Topics
Security for Costs, Impecuniosity, Litigation Funding
Civil Procedure Security for Costs Impecuniosity Litigation Funding

Case Brief

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Parties

BURG DESIGN PTY LTD

First Applicant

GEOFFREY JOHN MALLOWS

Second Applicant

ELAINE JOY MALLOWS

Second Applicant

KLAuS DIETER JOHANNES WOLKI

Respondent

BEVERLEY MARTHA WOLKI

Respondent

Procedural Posture

Application / Interlocutory (security for Costs)

Legal Issues

  1. 1 Whether the existing order for security for costs should be rescinded due to non-payment and progression of the case
  2. 2 Whether further security for costs should be required from applicants given their financial position and litigation funding

Ratio Decidendi

Given the involvement of Mr Mallows senior as funder with an indirect interest in the litigation and lack of contrary evidence, it is appropriate to maintain the existing security order and additionally require a further modest sum as security for costs.

Court Disposition

Order for further security for costs granted. Existing order for security remains; further $10,000 security ordered before hearing allocation.

Orders

  • Security for costs to be provided in a further sum of $10,000 before the matter is allocated a hearing date.
  • Liberty to apply reserved.