(a) The purpose of ordering security against a plaintiff ordinarily resident out of Victoria, and with no assets within it, was so that a successful defendant would have a fund in Victoria against which it could readily enforce an order for costs; (b) To make or refuse an order for security was a discretionary judgment; (c) Since such a judgment was discretionary, the court must weigh all relevant circumstances; (d) The weight of any one circumstance must depend not only on its own persuasiveness, but must be considered against the impact other circumstances might have against it; (e) A circumstance of great weight, but not necessarily decisive, was that the plaintiff was…
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- Case
- [2013] VSCA 156
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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