Perhaps a landmark case for interlink services incorporating IP

As first published in the Lexis Nexis Australian Intellectual Property Bulletin 2016 Vol. 29 No. 8 Page 190 – 192

Hells Angels Motorcycle Corp (Australia) Pty Ltd v Redbubble Ltd

This Federal Court decision¹ is instructive in relation to awards for security of costs. In particular it highlights the following matters:

• the determination as to the award of security for costs involves a balancing exercise between the competing interests of the litigants, namely, not burdening or prejudicing the applicant from pursuing its claim while protecting the respondent against the risk of loss in the event that the claim is successfully defended and costs are awarded;
• the merits of the parties' respective substantive cases is a material consideration in the determination of an application for security for costs. The court will be less willing to award security for costs to a respondent where the applicant's substantive case is starkly meritorious and largely unanswered