Order 16

Security for costs

1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to such party for such security; and in case the latter shall not, within seven days after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for such security by motion on notice grounded upon affidavit; and every such application shall be made before the party seeking the security takes any step save entering an appearance in the cause or matter after his right to such security shall have arisen, unless the Judge shall, under special circumstances, otherwise order.

2. A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court.

3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

4. In any action or matter in which security for costs is required, the security shall be of such amount and be given at such time or times, and in such manner and form, as the County Registrar shall direct, subject to an appeal to the Court.

5. Where a bond is to be given as security for costs, it shall, unless the Judge shall otherwise direct, be given to the party or person requiring the security, and not to an Officer of the Court.