Read the full judgment text of CACV 000010/1994 on BabelCite. This Court of Appeal judgment was delivered on 13 May 1994 before Nazareth J.A., Mayo J., Sears J..
Civil procedure – security for costs – Order 23 – overseas plaintiff – transfer from Labour Tribunal – limited financial resources – stifling of claim – discretion – prejudice to defendants – appeal from master – appeal allowed in part – security reduced from $175,000 to $75,000 – Kaplan J.'s order setting aside conditional judgment upheld – costs to be heard
Legal issues: Exercise of discretion for security for costs under Order 23
Outcome: Appeal allowed in part; security for costs reduced from $175,000 to $75,000; Kaplan J.'s order setting aside Master Cheung's order upheld; time for payment 28 days; costs to be heard.