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Part 2 · Simplified Proceedings

43. Security for costs

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(1)

The appellant must, at the time of filing the notice of appeal —

(a)

provide security for the respondent’s costs of appeal in the sum of $500 by submitting the appropriate Form to, and depositing that sum with, the Accountant‑General; and

(b)

obtain from the Accountant‑General a certificate of deposit of security for costs.

(2)

The appellant must, at the time of depositing the sum of $500 with the Accountant‑General, pay the applicable fee.

(3)

The General Division of the High Court may at any time, in any case where it thinks fit, order further security for costs to be provided by the appellant.

(4)

Where under rule 45(6) or 47(4) the appeal is deemed to be withdrawn, any sum deposited as security for costs under this rule must be paid out —

(a)

if all the parties to the appeal consent to the payment of that sum to the appellant, and a document signifying their consent is filed — to the appellant; or

(b)

in accordance with an order of the General Division of the High Court.

(5)

Every application for an order under paragraph (4)(b) must be filed in the appropriate Form.

Subregulation 1

The appellant must, at the time of filing the notice of appeal —

(a)

provide security for the respondent’s costs of appeal in the sum of $500 by submitting the appropriate Form to, and depositing that sum with, the Accountant‑General; and

(b)

obtain from the Accountant‑General a certificate of deposit of security for costs.

Subregulation 2

The appellant must, at the time of depositing the sum of $500 with the Accountant‑General, pay the applicable fee.

Subregulation 3

The General Division of the High Court may at any time, in any case where it thinks fit, order further security for costs to be provided by the appellant.

Subregulation 4

Where under rule 45(6) or 47(4) the appeal is deemed to be withdrawn, any sum deposited as security for costs under this rule must be paid out —

(a)

if all the parties to the appeal consent to the payment of that sum to the appellant, and a document signifying their consent is filed — to the appellant; or

(b)

in accordance with an order of the General Division of the High Court.

Subregulation 5

Every application for an order under paragraph (4)(b) must be filed in the appropriate Form.

Report

Part 3

Standard Proceedings

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules