Security for Costs

As a defendant to a commercial litigation dispute you could be forgiven for being concerned that the plaintiff may not have enough money to pay your legal costs if you succeed. In order to afford you some protection and application for security for costs can be made provided the proper grounds for it. The application is usually made by way of a notice of motion that needs to be supported by affidavit evidence. If the court orders the plaintiff to provide security for the defendant’s costs you at least know that costs (as agreed/assessed) will be paid if you win.

The Principal Solicitor at our law firm has helped many clients apply for and oppose applications for security for costs and can help you understand your rights also. As there are a number of discretionary factors that go towards whether or not an application will be granted it is in your interests to get legal advice.

Litigant is committed to helping its clients apply for security for costs in appropriate matters and to do so with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience helping litigants in Sydney seek appropriate security for costs we should be able to assist you with protecting your position against an impecunious plaintiff in so far as possible.

Let us help you: -

• understand that a court is unlikely to order security against a natural person;
• appreciate that these applications involve discretionary factors such as the strength of the case, the financial means of the person that sits behind the litigation, whether the defendant’s conduct brought about the impecuniosity;
• bring applications of this nature against plaintiffs who:- live outside New South Wales, are suing for the benefit of someone else, have purposefully misstated their address to avoid payment, are unlikely to be in a position to pay your fees;
• explore the possibility of seeking a stay of proceedings other such time as the plaintiff provides security for your costs.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.

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* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.