Lombard v Lombardy Hotel Co Ltd [1911] ZATPD 134 (29 September 1911)

Appeal - Interlocutory Order - Order Refusing·Security for Costs -Proclamation 14 of 1902, sec.tion 22 - Rule of Court 91 - Action by Company in Liquidation - Security for Costs - Act 31 of 1909

An appeal does not lie from an interloctory order merely on the ground that one of the litigants may be pecuniarily prejudiced by such order.

The refusal of a Judge to order a party to give security for the costs of an action is an order from which no appeal lies, under Proclamation 14 of 1902, sec.22 or Rule 91.
(DE VILLIERS, J.P., diss.)
Mears vs Nederlandsche, etc., Bank, 1908, T.S. 1147 followed).

Per DE VILLIERS, J.P.: The fact that a company is in liquidation is sufficient ground for the Court to order it to give security for costs in an action instituted by the liquidator.

Per BRISTOWE, J.: The Court has no power to order a liquidator to give security for costs of an action instituted by a company in liquidation on the ground that the company is in liquidation.