Carey v Industrial Relations Commission

In *Carey v Industrial Relations Commission*, Registrar Jupp considered an application for security for costs brought by the respondent against the second and third claimants. The dispute concerned the respondent's claim that the claimants lacked the financial capacity to meet potential costs orders should their claim fail.

The primary legal issue before the Registrar was whether to exercise discretion to order security for costs against the second and third claimants. This involved assessing the likelihood of the claimants being unable to pay the respondent's costs if the proceedings were unsuccessful, and considering the overall justice of the case.

Registrar Jupp reasoned that the claimants' financial position, as evidenced by the material before the court, indicated a real risk that they would be unable to satisfy a costs order. The Registrar applied the principles governing applications for security for costs, which require a demonstration that the applicant has a reasonably arguable case and that it is just to make the order. The Registrar found that these conditions were met.

Consequently, security for costs was ordered against the second and third claimants in the sum of $8,000 each.