RDX TECHNOLOGIES CORPORATION v APPEL

Upon appealing several Decisions made by the Case Management Justice in relation to an ongoing dispute over forum, the Defendants sought a stay of the Case Management Order pending an Appeal. The Plaintiff thereafter brought a Cross-Application seeking Security for Costs of the Appeal, pursuant to Rules 4.22 and 14.67. The Application for a stay was dismissed, save for a small portion of the Case Management Order.

With respect to Security for Costs, the Court observed that such Orders as against Defendants are rare, “particularly where the plaintiff has chosen to litigate in a jurisdiction where the defendants have no presence and have no choice in being parties to the action”. Noting the importance of this consideration where “there is a serious contest between the parties as to the appropriate forum for the litigation between them”, the Court declined to grant Security for Costs.