Determination by summary procedure of action of tort commenced in the court

(1) Where any action founded on tort is commenced in the Court, the defendant may, on an affidavit made by himself or by any person on his behalf by showing that the plaintiff has no visible means of paying the costs of the defendant should judgment not be entered in favour of the plaintiff, apply to the Court or a judge for an order that the action shall be proceeded with, heard and determined in accordance with the summary procedure of the Court. (2) On any such application, the Court or judge, unless the plaintiff satisfies the Court or judge that he has such means as aforesaid, may, if the Court or judge having regard to all the circumstances of the case thinks fit to do so, make an order that unless the plaintiff within a time to be limited in the order give security for the defendant’s costs to the satisfaction of the Court or a judge, the action shall be proceeded with, heard and determined in accordance with the summary procedure. 40 Service and Execution of Process