Section 1335 of the Corporations Act 2001 (Cth) confers an unfettered discretion on the NSW Court of Appeal to order security for costs against corporate appellants, unconstrained by the 'special circumstances' requirement in Part 51, r 16 of the Supreme Court Rules. The Harris v Caladine requirement of effective control and supervision of registrars' decisions does not apply to State courts exercising federal jurisdiction; review of a Registrar's decision remains constrained by House v The King principles. The likelihood that an order for security would stifle proceedings requires proof beyond mere assertion of impecuniosity — the party must establish that those who stand behind the company and would benefit from the litigation are also without means.
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