13 Jul 2022
Leave to appeal was granted because the proposed appeal was considered seriously arguable, raised important access to justice issues of general importance for representative proceedings, and recent developments (a replacement funding agreement undercutting the High Court's cost risk concerns and the imminent Pfisterer appeal) meant the interests of justice favoured permitting the appeal to proceed.
21 Aug 2020
On the balance of probabilities the Court was not satisfied that the agreement and surrounding conduct amounted to an effective assignment of the plaintiffs' s174 cause of action to EWL; the sale agreement clauses (cls 19.1–19.2) and affidavits established that EWL's involvement was funding payment of legal costs only and did not cede control of or ownership of the claim; accordingly there was no abuse of process and no basis to stay the proceedings; there was also no jurisdiction to order security for costs because there was no reason to believe the plaintiffs could not pay defendants' costs…
30 Nov 2010
Because the litigation in respect of the first cause of action is brought by a company in liquidation and appears to be funded for the benefit of a single creditor, the court ordered security for costs limited to the first cause of action, fixed at $30,000 with staged payment ($15,000 now and the balance on the matter being set down), and imposed a stay of the first cause of action if security is not provided; costs of the application were ordered against the first plaintiff on a 2B basis.
13 Aug 2009
Application for further security for costs refused because the defendants sought sums the plaintiffs could not provide, the anonymous funder lacked resources to provide security and an order at the level sought would likely prevent the plaintiffs from proceeding to trial; application to compel disclosure of funder identity refused as not justified on this application; application for further ACC disclosure refused as inappropriate so close to trial given prior broad authorities and lateness of request.