Proceedings seeking leave to appeal from a trial judgment may be stayed pending payment of costs of earlier discontinued or dismissed proceedings in the same court where they arise from substantially the same cause of action, even where the nature of the proceedings differs (judicial review vs leave to appeal). The existence of a cross-claim for costs by the applicant does not preclude a stay where the respondents' costs claim substantially exceeds the applicant's. Special circumstances for security for costs under UCPR r 51.50 may be established by a combination of unpaid prior costs orders, unsuccessful execution, impecuniosity, and extremely weak prospects of success.
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