Where an appeal has been deemed abandoned due to a solicitor's oversight, the Court will not punish the appellant for the solicitor's non-compliance provided the appeal is not devoid of merit and there is no prejudice beyond continued exposure to the appeal. On an application for security for costs on appeal, an appellant claiming its impecuniosity was caused by the respondent's conduct faces the difficulty that there is an adverse finding at first instance on that very question, and the Court will not assume the fact the appellant seeks to overturn. An impecunious appellant must demonstrate not only its own inability to meet costs but also that those who stand behind it and would benefit from the litigation lack resources.
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