16 Dec 2003
BRAND FARRAR BUXBAUM LLP v. SAMUEL-ROZENBAUM DIAMOND LTD
- Citation
- BRAND FARRAR BUXBAUM LLP v. SAMUEL-ROZENBAUM DIAMOND LTD
- Court
- Court of First Instance
- Case number
- HCA5191/1998
Appeal allowed and Master's order for security for costs quashed because the plaintiff had incurred fees in reliance on the defendant's representations that SRDL existed and that Samuel was its director, representations later admitted to be false and perjurious; it would be unjust to require security and thereby penalise the plaintiff for the defendant's deliberate misconduct, and the plaintiff's impecuniosity reinforced the exercise of discretion to refuse security.