The defendant sought an order fixing the quantum of security for costs after the court had already determined entitlement to security under Rule 56.01(1) of the Rules of Civil Procedure.
The court had previously found the plaintiffs failed to establish impecuniosity and that the action against the defendant had little chance of success, including a finding that there was good reason to believe the claim was frivolous and vexatious.
The court rejected the plaintiffs’ argument that the defendant’s claimed costs were excessive and accepted that the prolonged and evolving litigation justified significant defence costs.
The court ordered substantial security for costs and stayed the action pending payment.
