12 Jul 2006
JORDAN AND VANCE V O'SULLIVAN AND ORS HC WN CIV-2004-485-2611
- Citation
- openlaw-a367764d_a872_42cd_b6d5_8b4890efbfd1.pdf
- Court
- High Court
The Court refused security for costs because the plaintiffs are court-appointed liquidators who have sworn they can meet any adverse costs award, they are partners of the same firm as the original liquidators so the defendants' concerns were not sufficiently raised as exceptional, third-party funding by Pington did not of itself establish impecuniosity or control, and no 'exceptional circumstances' were shown under established authorities (Cory-Wright & Salmon). The Court granted non-party discovery against Pington because the requested documents met the wide relevance test (Peruvian Guano) a…