Jones v Thomson (No. 2)

Jones (the applicant) sought to set aside a notice issued by Thomson (the respondent) under section 139ZQ of the *Bankruptcy Act 1966* (Cth). The respondent had applied for security for costs in relation to this application.

The court was required to determine two principal issues: first, whether the notice issued under section 139ZQ of the *Bankruptcy Act* should be set aside; and second, whether the respondent should be granted security for costs.

In relation to the application to set aside the notice, the court found that the applicant had not demonstrated that the notice was issued improperly or without reasonable grounds. The court considered the applicant's arguments regarding the validity of the notice and found them unpersuasive. Regarding the application for security for costs, the court considered the applicant's financial position and the prospects of success of the application to set aside the notice. The court concluded that the applicant's prospects of success were not so slender as to warrant an order for security for costs, particularly in light of the applicant's limited financial capacity.

The application to set aside the notice issued under section 139ZQ of the *Bankruptcy Act* was dismissed, and the application for security for costs was also dismissed.