Rule 5 When defendant entitled to ask for security for costs

Where a defendant neither resides nor carries on business within the F1administrative court division in which an action or matter is commenced, he may apply in Form 63 to the [^f1 district judge], in accordance with Rule 1, for an order directing the plaintiff to deposit in court a sum of money as security for his costs.

The application shall be sent to the chief clerk by post or otherwise [^f2 . . .] within eight days of the service to the civil bill on him;

together with an affidavit showing a defence on the merits and stating the grounds of defence.

If the [^f3 district judge] refuses the application, the chief clerk shall send notice to the defendant in Form 64.

If the [ district judge] grants the application, he shall fix the amount of the security and the chief clerk shall send to the plaintiff a notice in Form 65.

Where a deposit is ordered—

Provided that if the deposit is not made in due time, but is made later [ the judge or district judge as the case may be] may order the action or matter to be reinstated, and the chief clerk shall send notice thereof to the defendant and inform him on what day the action or matter will be heard.