High Court refuses defendant's application for security for costs in proceedings alleging negligence and misfeasance in a public office, on the grounds that the plaintiff has established on a prima facie basis that its inability to meet any potential future adverse costs orders flows from the wrong allegedly committed by the defendant, and that the nature of the allegations, made as they are against a public body, are a matter of public interest on which an adjudication should occur.
Application for security for costs - legal costs - substantive proceedings alleging acts of negligence and misfeasance - alleged 'black-listing' by respondent resulting in a loss of reputation and consequent financial losses - summary of proceedings to date - likely breakdown of costs - 20 days at trial anticipated - applicable law - statutory framework - case law to be applied - principles and practices to be summarised and applied - prima facie defence - requirement for insolvency or an inability to pay defendant's costs if successful at trial - balancing of interests - whether special circumstances exist - whether the alleged wrong engendered an inability to meet costs - delay - point of national importance and constitutional considerations - counterclaimants - quantum - amount of security - application of principles to facts of present case - company unable at present to meet such a costs order if unsuccessful - effect of making order will end proceedings for plaintiff - serious and detailed allegations of misfeasance in public office made by plaintiff - prima facie establishment by plaintiff that its inability to meet future costs order flows from defendant's alleged wrongs - adjudication of proceedings a matter of public moment and interest - some delay on part of defendant in bringing application - no order made.