Security for costs—finalising security
1906 Security for costs—finalising security
This rule applies if, in a proceeding, security for costs has been given by a party under an order made under this division.
If judgment is given requiring the party to pay all or part of the costs of the proceeding or any application in the proceeding, the security may be applied in satisfaction of the costs.
However, the security must be discharged—
if a judgment is given and the judgment does not require the party to pay all or part of the costs of the proceeding or any application in the proceeding; or
if the court orders the discharge of the security; or
if the party entitled to the benefit of the security agrees to its discharge; or
in relation to the balance after costs have been satisfied under subrule (2).
Example
A security given by a payment into court is discharged by payment of the security out of court to the party who made the payment.
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