Facilegis – Legal Forms and Templates

Security for costs – High Court – Uniform Rule of Court 47

Security for costs – High Court – Uniform Rule of Court 47

If a party is entitled to demand security for costs from another party, he / she shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, as well as the amount demanded.

The registrar will determine the amount of security, if contested, and his / her decision will be final.

Should the party from whom security is demanded contests his / her liability to give such security, or fails or refuses to furnish such security within ten days of the demand or the registrar’s decision, the other party may apply to court on notice for an order that such security be given and that the proceedings be stayed until such order is complied with.

If the security is not given within a reasonable time, the court may dismiss any proceedings instituted or strike out any pleadings filed by the party in default, or make such other order as to it may seem meet.

The security for costs shall be given in the form, amount and manner directed by the registrar, unless the court otherwise directs, or the parties otherwise agree.

The registrar may, upon the application of the party in whose favour security is to be provided and on notice to interested parties, increase the amount thereof if he / she is satisfied that the amount originally furnished is no longer sufficient. The registrar’s decision is final.

Security for costs – High Court – Uniform Rule of Court 47

To view the rule go to Department of Justice – Uniform Rules of Court

For more go to the South African Legal Information Institute (SAFLII)