5 Oct 2016
DRACCO NETHERLANDS B.V v. SIMBA TOYS GMBH & CO. KG
- Citation
- DRACCO NETHERLANDS B.V v. SIMBA TOYS GMBH & CO. KG
- Court
- Court of First Instance
- Case number
- HCA304/2014
The appeal was allowed and the Master's order for security set aside because on a broad‑brush rehearing the plaintiff demonstrated a bona fide claim with arguable prospects of success and there was substantial overlap between the claim and defendant's counterclaim such that ordering security would be unjust; the defendant failed to discharge its burden of showing it would be difficult or unjust to enforce a costs judgment in the Netherlands under the reciprocal enforcement regime and there was no evidence of deliberate misstatement of address by the plaintiff.