Additional security for delayed trial

Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457

Allens Arthur Robertson

The Supreme Court of Queensland has applied the balance of convenience test and ordered an applicant (which had the benefit of an earlier restraining order that prevented a respondent enforcing an adjudication determination against the applicant) to provide an additional bank guarantee to secure the interest that would accrue on an adjudicated amount up until the conclusion of a pending trial. Given the nearly two-year delay in bringing the matter to trial, the initial security provided was insufficient. Failure to provide that additional security would mean that the earlier restraining order would lapse; the respondent would then be free to take steps to enforce that determination.

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.