24 Jul 2009
METALLIC ART LTD V HART AND ORS HC HAM CIV 2008-419-001482
- Citation
- openlaw-9321b537_39bf_43d8_9bc5_d3bc8ae38e1c.pdf
- Court
- High Court
Threshold for security was established (plaintiff impecunious) but the court exercised its discretion against ordering security because such an order would effectively prevent the plaintiff from pursuing the claim and the claim could not be said to have little chance of success given evidentiary foundation (withdrawn orders, alleged use of plant and suppliers by new business); accordingly defendants' application for security for costs was dismissed.