Insurance Law

Queensland Court rejects security for costs application against impecunious appellant

Parties who successfully defend claims by impecunious plaintiffs are often placed in the unfortunate position of being unable to recovery the amount of any cost awards made in their favour.

The Uniform Civil Procedure Rules 1999 (Qld) provides mechanisms for parties to apply to the court to order a plaintiff/appellant to give security to the court for an amount the court considers appropriate for the defendant’s costs of and incidental to the proceeding or appeal (as the case may be). Common methods of providing security include making a payment into court or lodging a bond or guarantee from a bank.

To read the full article click here, or visit www.carternewell.com.

< Back