Under r 44(1) of the Supreme Court (Court of Appeal) Rules 2005 (WA), the discretion to order security for costs is unfettered, replacing the former requirement of 'special circumstances' under O 63 r 10(5) of the Rules of the Supreme Court 1971 (WA). An order for security for costs will be refused where it would frustrate a genuine appeal with reasonable prospects of success by an impecunious appellant who lacks the capacity to provide any security.
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