A party seeking to set aside consent orders is treated as a moving party (in substance a plaintiff) for the purposes of security for costs applications. Where judgment debtors seek to set aside consent orders and propose to rely on voluminous evidence including material from an abandoned trial, the court may order security for costs of the set aside motion. The Inglis rule requiring payment into court of the mortgage debt may not apply where the validity of the mortgage itself is challenged on the set aside motion.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.