10 Sept 2012
HIGHGATE ON BROADWAY LIMITED v DEVINE HC BLE CIV 2012-406-136
- Citation
- openlaw-1a1af6f2_a0a3_4fce_9b91_34662cb96d2e.pdf
- Court
- High Court
The landlord's 24 April 2012 letter to the arbitrator constituted credible evidence from which it was reasonable to infer the landlord would be unable to pay an adverse costs award; balancing the discretionary factors (including the landlord's conduct, third party funding and that security would not prevent prosecution of the claim) the Court ordered security for costs of $11,250 payable to Court by 4.00 pm 14 September 2012, permitting application of $5,000 in the solicitor's trust account.