A stay of proceedings pending payment of interlocutory costs will be set aside where the appellant is impecunious and can demonstrate at least one arguable ground of appeal, as the interests of justice require that the appeal be permitted to proceed. The exclusion of affidavit evidence relevant to testamentary capacity, on the basis of non-compliance with directions as to notice, is at least arguably erroneous where the evidence is capable of being significantly relevant to a central issue at trial. An application for vexatious proceedings orders under s 8(1) of the Vexatious Proceedings Act 2008 (NSW) requires evidence that the person has frequently instituted or conducted vexatious proceedings.
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