An appellate court will not order security for unpaid first instance costs where the respondent failed to seek a top-up of security at first instance despite knowing it was inadequate, and where the first instance proceedings are concluded. The rationale of security for costs — protecting against an impecunious claimant litigating without responsibility — does not extend to securing costs of completed proceedings. The question of whether an appellate court has jurisdiction to make such an order was left open.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.