King & Wood Mallesons

Asia-Pacific 100 position: 2

Case update: a timely reminder — delay in bringing security for costs applications may be fatal

By Matthew Carr

In the recent decision of Trility Pty Ltd v Ancon Drilling Pty Ltd [2013] VSC 577, the Supreme Court of Victoria reaffirmed the position that any delay in bringing a security for costs application is a factor that bears considerable weight in the exercise of the court’s discretion to grant such an order. This is particularly so where the applicant knew, for some time, of the other party’s potential inability to satisfy an adverse costs order in the main proceedings and simply kept the application ‘up their sleeve to play at their convenience’.

In this case, the applicant was found to have known of the other party’s potential inability for a period of 17 months before bringing the application. The application was brought one month out from the commencement of arbitral proceedings…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 19
No. of qualified lawyers: 1,634