The 'outstanding costs rule' requiring payment of earlier costs as a condition of re-litigation applies to repeated applications in the same court, not to appeals or applications for leave to appeal. A stay of a leave application pending payment of costs will not be ordered where the applicant is a natural person with assets in the jurisdiction against whom normal enforcement mechanisms are available. Security for costs of a leave application is within the court's inherent jurisdiction but will only be ordered in rare cases.
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