Where moneys are paid into court as security for a proposed appeal that is never pursued, the full amount must be returned to the depositors on failure of purpose. The court will not permit the funds to be applied to satisfy other debts owed by the depositors to the party who sought the security. Applications to vary interlocutory conditions must be brought promptly, and delay of approximately one year when the evidence was available within weeks is a strong discretionary reason for refusal.
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