Bofinger v Kingsway Group Ltd

The applicant, Bofinger, sought security for costs and a stay of costs orders from the respondent, Kingsway Group Ltd, in relation to an appeal. The appeal was brought for the benefit of creditors.

The primary legal issues before the court were whether security for the costs of the appeal should be ordered, and whether a stay of the existing costs orders should be granted. The court was also required to consider the provision for interest on any costs awarded.

Hodgson JA granted the application for a stay of costs orders on the basis that interest would accrue on those costs in the meantime. The court also granted the application for security for costs. The costs of both notices of motion were to be costs in the proceedings.