An appeal raising questions of public importance concerning police conduct during arrest will not be stifled by a security for costs order, even where the appellants are impecunious and have had adverse findings made against them, particularly where a previous application for security in the same proceedings was refused. Applications for security for costs on appeal must be brought promptly after service of the appeal documents. The question whether multiple plaintiffs' claims in a single proceeding may be aggregated to meet the $100,000 appeal threshold under s 127(2)(c) of the District Court Act 1973 (NSW) remains unresolved.
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