Where appellants have deliberately divested assets to related parties who are willing to fund the appeal but not satisfy the judgment, the Court will assess impecuniosity by reference to all funds available to the appellants rather than their strict legal entitlements, and may treat the appellants' potential insolvency as a matter of choice rather than an exceptional circumstance justifying a stay. Security for costs may be ordered at a level somewhat above ordinary party/party costs where the disparity in risk exposure between the parties is exacerbated by the appellants' self-inflicted impecuniosity.
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