1Where multiple plaintiffs sue in the same interest with the same legal representatives, the jurisdictional threshold for security for costs is not met if any one plaintiff demonstrates capacity to pay the defendant's costs; however, on the facts none of the three plaintiff companies satisfied this test.
2Delay in bringing a security for costs application does not necessarily defeat the application but is a significant discretionary factor bearing on whether past costs should be included and their quantum, warranting a heavier discount on past costs than on future costs.
3The court applies a broad-brush approach to quantum, discounting the applicant's estimate to reflect inherent litigation uncertainty, the prospect of taxing-officer reduction, and the quality of the costs evidence provided, rather than conducting a taxation-like exercise.
