The threshold under s 1335(1) of the Corporations Act can be satisfied by evidence of no real property, low share capital ($100), and the corporation's failure to respond to pre-litigation requests for proof of capacity to pay costs, even without a notice to produce financial records. Where a stay of execution of costs orders is sought and the respondent is impecunious, the court may impose a condition requiring payment of the estimated first instance costs into a joint controlled monies account.
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