In Bartter Enterprises Pty Limited v PFJV Pty Limited [2024] QSC 87, Bartter Enterprises sought an order for PFJV Pty Limited to provide additional security for costs in a commercial litigation. This request was made despite previous security being given, due to concerns that the litigation's costs were exceeding initial estimates, notably affected by delays and increased legal activities. The plaintiff, acting as a trustee, had previously provided security totalling $550,000 through consent orders. However, with the trial imminent and the case having taken almost five years to reach this point, the defendant argued for further security, given the litigation's significant cost blowout. Kelly J dismissed the application, primarily because the plaintiff could demonstrate adequate assets to cover potential adverse costs orders, especially with the farm it operated having substantial value. The decision took into account the plaintiff's trustee status, their undertaking not to distribute trust assets without court notification, and the impracticality of adjusting security based on the trial's proximity and the unclear impact of delays attributable to either party.
top of page
bottom of page