23 Dec 2009
LPS MANAGEMENT LIMITED V FUN WORLD CENTRE (FIJI) LIMITED HC AK CIV 2008-404-006936
- Citation
- openlaw-02c1e0e0_9b67_406a_b77c_f4df58026e15.pdf
- Court
- High Court
FWC failed to satisfy the threshold that there is reason to believe LPS would be unable to pay costs if unsuccessful; the hearsay suggesting insolvency was inadmissible and directly contradicted by affidavit evidence; on balance the merits did not justify ordering security. Therefore the application for security for costs is dismissed and costs are awarded to LPS on a 2B basis.