The Court declined to order security for costs against an overseas plaintiff company, despite the threshold being met, on two discretionary grounds: first, the plaintiff's claim was particularly strong because the defendant had previously admitted owing the interest now disputed, including in a witness statement in earlier proceedings where he was awarded damages on that basis; second, the defendant's set-off claim for over $300,000 arose from entirely different facts to the plaintiff's claim and was in the nature of a separate proceeding, effectively making the defendant a 'plaintiff' in substance for that portion, which weighed against granting security. Costs of the dismissed application were ordered against the defendant.
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