Read the full judgment text of CACV 000257/2005 on BabelCite. This Court of Appeal judgment was delivered on 24 February 2006 before Hon Rogers VP.
Civil procedure – security for costs – application to set aside – means of appellant – merits of appeal – security maintained. The plaintiff/appellant applied to set aside a security for costs order of $250,000 made on 16 January 2006. The court reheard the application on 24 February 2006. The court considered the plaintiff's financial means, including fixed deposits of at least $1.5 million and monthly income of $40,000, and found that the money borrowed for security could be repaid. The court also considered the merits of the appeal and concluded that the plaintiff faced a substantial task, favouring the security order. The application was dismissed and the security for costs order remained.
Legal issues: Application to set aside security for costs order
Outcome: Application to set aside security for costs order dismissed; security for costs order remains.