McHugh N.O and Others v Wright (5641/2020)
McHugh N.O and Others v Wright (5641/2020) [2021] ZAWCHC 205 (19 October 2021)
The court refused the application for security for costs, finding that the balancing exercise required by law tipped in favour of the respondent, Wright. The court considered that Wright's claim was not frivolous and was supported by expert evidence suggesting possible fraud. Requiring security would likely prevent Wright from pursuing the litigation, given his limited financial resources, and could block a proper investigation into serious allegations. The interests of justice and equity, as well as the potential benefit to other beneficiaries, outweighed the applicants' risk of unrecoverabl…
Source excerpt
- Security For Costs
- Peregrinus
- Balancing Equities
- Access To Court
- Interpretation Of Wills