A refusal to waive the security requirement under O 62 r 46(3)(d) of the Federal Court Rules is interlocutory in nature because it does not finally determine the party's rights regarding costs. For leave to appeal from an interlocutory costs decision, it must be patently clear there is reason to doubt the correctness of the judgment, applying a heightened standard beyond the ordinary Décor test. The discretion to waive security for costs of taxation is broad but unlikely to be exercised unless sufficient reason is demonstrated, and impecuniosity alone is insufficient without a showing that substantial issues exist for determination on taxation.
The full text is available to signed-in members, including the 1 later case that cites this judgment.