The plaintiff brought a motion to strike the defendants' statement of defence and dismiss their counterclaim for failing to pay a previous costs order of $52,415.07.
The defendants argued they had paid the costs award via two bank transfers.
The court found that the transfers were intended as payments towards an Alternative Payment of Security Option (APSO) under a Mareva injunction, not the costs award.
The court ordered the defendants to pay the outstanding costs by a specified date, failing which the plaintiff could return for further relief.
