Corporate plaintiff ordered to post security for costs after failing to establish impecuniosity.
The defendants brought a motion for an order requiring the plaintiff, a corporate entity, to post security for costs.
The plaintiff conceded it had no assets or income but argued it was impecunious and its claim was not devoid of merit.
The court found the plaintiff failed to provide sufficient financial disclosure to establish impecuniosity and could not assess the merits at an interlocutory stage.
While noting the defendants' delay in bringing the motion, the court ordered the plaintiff to post partial security for costs, balancing the need to protect defendants from unenforceable cost awards against allowing a claim to proceed.
SCJSuperior Court of JusticeFeb 19, 2024