Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480 (16 May 2023)

A litigation funder that backed an unsuccessful copyright claim has been ordered to foot the costs bill after its impecunious client failed to pay. The judge did not infer that the funder was motivated by access to justice, and found that the risk that a funder may be held liable for costs is part of doing business as a litigation funder, whether or not the funder has agreed to indemnify its client for an adverse costs order.