Unexplained and deliberate non-compliance with court programming orders, particularly where a party has been expressly warned of objection to late filing, will weigh heavily against the grant of indulgence to rely on late materials, even where those materials may be relevant to the substantive application. The merits of a plaintiff's case, while relevant to the exercise of discretion on a security for costs application under s 1335 of the Corporations Act, cannot overcome the consequences of established corporate impecuniosity. Pursuit of unmeritorious interlocutory appeals arising from a party's own non-compliance with court orders may warrant indemnity costs as a mark of the court's disapproval.
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