Frigger v Clavey Legal Pty Ltd [No 2]

In this matter, Frigger sought an order for security of costs against Clavey Legal. The case was heard in the Federal Court of Australia. The application for security of costs was predicated on the financial position of the defendant and the prospect of a vexatious or frivolous claim by the defendant against the plaintiff. The dispute primarily revolved around whether the court should grant an order for security of costs and, if so, the quantum of that order.

The legal issues before the court included whether there existed a "normal" rule governing the costs of an application for security of costs, and if not, how the court should determine the appropriate amount of costs to be awarded. The court also had to consider the financial position of Clavey Legal and whether the application was frivolous or vexatious. The court assessed the evidence provided by both parties and the precedents set in similar cases to determine these issues.

The court found that there was no "normal" rule governing the costs of an application for security of costs, and thus the court had a discretion to award costs. In exercising this discretion, the court considered the financial position of Clavey Legal, the likelihood of the application being frivolous or vexatious, and the precedents set by other cases. The court held that the application was not frivolous or vexatious, but that the financial position of Clavey Legal warranted an order for security of costs. The court awarded costs of $15,000, which it found to be a reasonable amount in the circumstances. The application was ultimately granted.