Litigation Fund WCX Pty Ltd v Aversa [2024] NSWSC 1348

Litigation Fund WCX Pty Ltd v Aversa [2024] NSWSC 1348

The absence of evidence from the plaintiff regarding its financial position, coupled with the previous funds no longer being available, constitutes a material change in circumstances. The plaintiff is now shown to be impecunious, justifying an order for security for costs in the sum of $30,000.

Parties
Plaintiff: Litigation Fund WCX Pty Ltd; First Defendant: Rosario Aversa; Second Defendant: Antonia Aversa
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Notice of Motion for Security for Costs / Interlocutory Application
Outcome
Security for costs ordered. Proceedings stayed if not provided.
Legal Topics
Security for Costs, Costs, Impecuniosity of Plaintiff, Corporations Proceedings
Civil Procedure Security for Costs Costs Impecuniosity of Plaintiff Corporations Proceedings

Case Brief

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Parties

Litigation Fund WCX Pty Ltd

Plaintiff

Rosario Aversa

First Defendant

Antonia Aversa

Second Defendant

Procedural Posture

Notice of Motion for Security for Costs / Interlocutory Application

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying a new order for security for costs
  2. 2 Whether the plaintiff is impecunious and unable to meet an adverse costs order
  3. 3 Whether security for costs should be ordered, and in what amount

Ratio Decidendi

The absence of evidence from the plaintiff regarding its financial position, coupled with the previous funds no longer being available, constitutes a material change in circumstances. The plaintiff is now shown to be impecunious, justifying an order for security for costs in the sum of $30,000.

Court Disposition

Security for costs ordered. Proceedings stayed if not provided.

Orders

  • The plaintiff is to provide security for costs in the sum of $30,000.
  • The security is to be provided within 14 days.