Where a judgment debt has been set aside on appeal and the unsuccessful party foreshadows a special leave application to the High Court, the Court of Appeal may direct that existing security (such as a bank guarantee) be called up and paid into court pending the High Court application, on condition that the applicant for security bears the costs of maintaining it if the further appeal is unsuccessful. The court cannot compel the other party to maintain a bank guarantee where there is no subsisting judgment to stay.
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