28 Nov 2012
COOTE V MURRAY HC NEL CIV-2011-442-000122
- Citation
- openlaw-0ed29dfe_2801_4f07_84f5_398c37b23025.pdf
- Court
- High Court
The application was dismissed because it was grossly and unjustifiably delayed given security had been identified and dealt with earlier in the proceeding; the applicant failed to explain the delay or show it could not reasonably have applied earlier, and granting security at this late stage would prejudice the plaintiffs and disrupt imminent trial preparation. The Rabobank proceeding did not justify the lateness. Accordingly discretion under r 5.45 was exercised to refuse security and to award costs against the applicant with a 25% uplift on a 2B scale.