When to give security
62.02 When to give security
Where:
(a) the plaintiff is ordinarily resident out of the Territory;
(b) the plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues not for his own benefit but for the benefit of another person 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) a proceeding by the plaintiff in another court for the same claim is pending;
(d) subject to subrule (2), the address of the plaintiff is not stated or is not stated correctly in his originating process;
(e) the plaintiff has changed his address after the commencement of the proceeding in order to avoid the consequences of the proceeding; or
(f) under an Act or the Corporations Act 2001 the Court may require security for costs,
the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against the defendant be stayed until the security is given.
(2) The Court shall not require a plaintiff to give security by reason only of subrule (1)(d) if in failing to state his address or to state his correct address the plaintiff acted innocently and without intention to deceive.
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