Where a respondent already holds security for costs (such as caveats over real property) and seeks to put in place a different security regime close to the hearing, a material change of circumstances must be established. Unexplained delay of 18 months, standing by while other respondents obtain security, and the relatively small amount of remaining costs will together be sufficient to defeat a security for costs application. The question whether the Court of Appeal's inherent jurisdiction to order security for costs may be invoked where UCPR r 51.50 does not apply to leave to appeal applications was left open.
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