On a motion in the Court of Appeal, the respondent sought security for costs of the proceedings below and ancillary relief relating to examinations in aid of execution.
The court held that the examination evidence now satisfied the test under Rule 61.06(1)(a) for security for costs against the individual appellant, in addition to the corporate appellants.
The court distinguished prior authority suggesting judgment debtor examinations ordinarily await disposition of an appeal, finding the circumstances exceptional and relying on an earlier order lifting the stay.
Security of $150,000 was ordered, further execution-related relief was granted, and the moving party received costs on a solicitor and client scale.
