A respondent's delay in applying for security for costs of an appeal does not weigh heavily against the application where the respondent gave early notice of the intended application, reasonably waited for a compliant appellant's case to be filed, and the slow progress of the appeal was attributable to the appellant's own defaults. The risk that an order will stifle the appeal is only one factor in the balance and does not preclude an order where the appellant's prospects are weak.
The full text is available to signed-in members.