Appellate courts will exercise particular caution in reviewing interlocutory decisions on practice and procedure, especially where the primary judge is also the trial judge with intimate familiarity with the proceedings. Delay in applying for security for costs remains a relevant factor even where the application is to 'top-up' existing security. A trial judge's decision to manage a disclosure-based stay application by inviting counsel to identify their strongest examples, rather than trawling through voluminous material, is a legitimate case management approach.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.