5 Dec 2008
DORCHESTER FINANCE LIMITED V CHRISTCHURCH FOODCOURTS LIMITED AND ANOR HC AK CIV 2005-404-006193
- Citation
- openlaw-ef09ddb0_574e_4389_b96f_c388813fe1fa.pdf
- Court
- High Court
There is no jurisdiction to order a post-redemption 'top-up' where the land has been released and the mortgage contains no contractual provision permitting further security; however, having met the r 60 threshold (including foreign residence and risk of inability to pay) the Court will exercise its discretion to order security for costs in a reduced amount based on the stage of proceedings and likely costs exposure.