828Security for costs

### 828 Security for costs > > (1)  The Court or a judge, on the application of a party to proceedings, may order an opposite party to give security for the costs of the party applying for security and that the proceedings against the party applying for security be stayed subject to the provision of security if the opposite party from whom security is sought is a plaintiff, applicant, defendant pursuing a counterclaim or respondent pursuing a cross application and if – > > > > > > (a) the opposite party is ordinarily resident out of Tasmania; or > > > > > > > (b) the opposite party is a corporation; or > > > > > > > (c) the opposite party, not being a party who sues in a representative capacity, sues only for the benefit of some other person and there is reason to believe that the opposite party does not have sufficient assets in Tasmania to pay the costs of the party applying for security; or > > > > > > > (d) a proceeding by the opposite party in another court, in Tasmania or elsewhere, for the same claim is pending; or > > > > > > > (e) the address of the opposite party is not stated, or is not correctly stated, in the originating process; or > > > > > > > (f) the opposite party has changed address after the commencement of the proceedings in order to avoid the consequences of the proceeding; or > > > > > > > (g) under any law the Court may require security for costs. > > > (2)  The Court or a judge is not to require a party to a proceeding founded on a judgment or order on a bill of exchange or other negotiable instrument to give security by reason only of [subrule (1)(a)](#GS828@Gs1@Hpa@EN) , unless it appears to the Court or judge that there is some special reason the order should be made. > > > (3)  The Court or a judge is not to require a party to give security by reason only of [subrule (1)(e)](#GS828@Gs1@Hpe@EN) if the party acted innocently and without intention to deceive.