Supreme Court
Decision Information
Abstract: Application for security for costs - Application made by municipal corporation - Court finding that a requirement of any but nominal costs would deprive plaintiff, an impecunious party, of a trial of action for lack of means to proceed - Court finding that while adequate security is uaually ordered against non-resident Plaintiff, the greater and present prejudice to impecunious plaintiff whose case has not been shown to be frivolous or vexatious must outweigh the lesser prejudice to defendant in respect of costs only - Plaintiff lulled by Defendant's delay in seeking security for costs.
Decision: Application dismissed with costs to Plaintiff in any event.
Subjects: Costs - Security for costs
Keywords: Costs
Security - resident - non-resident
Judicial discretion