Perform (NSW) Pty Ltd v Mev-Aus Pty Ltd [2008] NSWSC 1329

COSTS - security for costs - discretion - whether, if ordered, plaintiff able to pay security for costs - whether plaintiff's impecuniosity was caused by the defendant's conduct, the subject of proceedings - whether an order for security for costs would stultify proceedings - whether security for costs should be ordered against a party who is, in substance a defendant.

LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 - UCPR

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