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Chapter 6: Corporate Civil Litigation [D]: Security for Costs (a) Section 52 may be invoked in any ‘action or other legal proceedings’ (b) The plaintiff company must have limited liability (c) The plaintiff company can be a ‘plaintiff’, an ‘appellant’ or a ‘counterclaiming defendant’ (d) The defendant includes a notice party (e) The defendant’s onus to adduce credible testimony of the plaintiff’s inability to pay costs (f) The defendant’s onus to establish a prima facie defence (g) Judicial discretion and ‘special circumstances’ (h) The amount required as security need no longer be ‘sufficient’ ...
The test for an order for security for costs under s 52 of the Act
- Author:
- Thomas B Courtney
- Publisher:
- Bloomsbury Professional
- Edition:
- Fourth edition
- Law Stated At:
- 30 September 2016
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