The defendants brought a motion for security for costs against the plaintiff, a corporate entity that had ceased operations and had no assets.
The plaintiff opposed the motion, arguing impecuniosity and that its claim for breach of contract had a high probability of success.
The court found that the plaintiff failed to meet the high evidentiary threshold to prove impecuniosity, as it did not provide sufficient evidence regarding the financial ability of its shareholders to fund the litigation.
The court also found the merits of the claim to be a neutral factor.
The court ordered the plaintiff to post $85,000 in security for costs, payable in four installments.
