Supreme Court Rules 2000

If an order for security for costs is made under rule 828 or security for costs is otherwise required, it is to be of any amount and be given at any time or times and in any manner and form the Court or a judge directs.

Subject to any direction given as to the manner and form in which the security is to be given, it is to be given by an instrument that – is signed by the person to be bound, whether as principal or surety; and sets out that the person submits to the jurisdiction of the Court; and contains that person's consent to judgment being signed against that person for the amount for which the security is given on the happening of the event specified in the instrument.

Subject to any direction to the contrary, security is to be given by 2 sureties approved by the Principal Registrar, each of whom is to be bound in the full amount of the security.

An instrument for the purposes of subrule (2) – is to be entitled in the proceeding in which the security is given; and is to be executed by each surety in the presence of the registrar or a commissioner; and if there is more than one surety, may be executed by them either separately or together; and is to be filed; and becomes a record of the Court when it is filed.

A person in whose presence an instrument is executed is to satisfy himself or herself that the surety understands – the liability which the surety incurs; and that the liability may be enforced against the surety in a summary way.

A person is not to attest the execution of a security by another person for whom that person or the partner of that person is acting as practitioner or agent.