When security for costs may be ordered
31.02 When security for costs may be ordered
Where:
a plaintiff is ordinarily resident out of the Territory;
a plaintiff:
is a corporation; or
(ii) is suing for the benefit of another person and not for the plaintiff's own benefit (other than a plaintiff suing in a representative capacity),
and there is reason to believe that the plaintiff has insufficient assets in the Territory to pay the costs of the defendant if ordered to do so;
(c) proceedings by the plaintiff for the same claim is pending in another court;
(d) subject to subrule (2), the address of a plaintiff is not stated or is stated incorrectly in the plaintiff's originating process;
(e) a plaintiff has changed his or her address after the commencement of the proceedings in order to avoid the consequences of the proceedings; or
(f) the Court may require security for costs under the Corporations Act 2001 or another Act,
on the application of a defendant, the Court may order that the plaintiff give security for the defendant's costs of defending the proceedings and that the proceedings against the defendant be stayed until the security is given.
(2) The Court must not require a plaintiff to give security for costs by reason only of subrule (1)(d) if in failing to state his or her address or in stating his or her address incorrectly the plaintiff acted innocently and without intention to deceive.
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