An order for security for costs of an appeal under Pt 51 r 16 of the Supreme Court Rules cannot be made on the basis of a 'general practice' of protecting respondents from impecunious appellants. Impecuniosity is a relevant consideration but must be weighed with all other circumstances of the case, including whether the appeal is genuine, whether the appellant has engaged in oppressive litigation conduct, and whether the order would frustrate the appeal. The weight of NSW authority favours the view that something more than impecuniosity alone is usually required.
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