THE final hurdle confronting Albury businessman Allan Endresz proceeding with a $4.3 billion claim against the federal government has been cleared.
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Justice John Burns ruled this week Mr Endresz and his associates didn’t need to pay security of costs as requested by the Commonwealth in the latest legal twist in the marathon case dating back to the late 1990s.
The Commonwealth made the application to the ACT Court of Appeal that Mr Endresz’s group pay security of costs on grounds they wouldn’t have sufficient funds to pay costs if the court dismissed their appeal.
But the request was denied by Justice Burns, who ruled the right of appeal shouldn’t be blocked by the ability to stump up money beforehand.
Mr Endresz and associates are appealing a ACT Supreme Court ruling to repay the federal government $70 million.
He said it was a significant hurdle cleared.
"It could have been the death-knell for us,” he said.
