Checked-Out Pty Ltd v Eagle Eye Inspections Pty Ltd

Checked-Out Pty Ltd sought an order for security for costs against Eagle Eye Inspections Pty Ltd and others. The applicants brought proceedings for a declaration that the respondents had infringed copyright and passed off, and sought an account of profits, damages, and other relief. The respondents filed motions seeking summary dismissal of the proceeding and for an order for security for costs. The primary issue before the court was whether the applicants were required to provide security for costs and, if so, the appropriate amount. The court found that the applicants were required to provide security for costs and determined the appropriate amount by considering the nature and complexity of the case, the financial resources of the applicants, and the potential prejudice to the respondents if the proceeding was not dismissed. The court ordered the applicants to provide security for costs by way of a charge over specific land in the amount of $60,000, apportioned among the respondents. The motions for summary dismissal and for security for costs were dismissed, and the proceeding was stayed until the further security was paid. The matter was stood over for mention on a specified date.