Where directors and shareholders of a company in liquidation are also the principals of the respondent opposing the appeal, their refusal to stand behind the appellant company should not be treated as a factor supporting an order for security for costs. An order for security in such circumstances would assist those persons in stifling litigation to prefer their own interests over the statutory duty of the liquidator and the rights of creditors. The novelty of legal propositions advanced on appeal is a factor tending in favour of ordering security, but may be outweighed by other discretionary considerations.
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