The probable inability of an appellant to pay costs, including where existing liabilities (such as trial costs orders) are likely to deplete net assets before an appeal costs order can be enforced, constitutes 'special circumstances' justifying security for costs under r 64.24(2). The 'prospects of success' factor and the 'bona fide or sham' factor in security for costs applications are distinct and not coextensive. Where interlocutory appeal grounds are intertwined with substantive grounds, the competency challenge may be deferred to the substantive hearing.
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