When an appeal is from interlocutory orders that do not determine substantive issues, the 'had their day in court' factor carries less weight in a security for costs application. Delay in applying for security, even if not long in absolute terms, is relevant both to entitlement and to the quantum of security, particularly where costs have been incurred in the interim. The risk that an order for security would jeopardise an imminent hearing date is a significant factor weighing against the making of such an order.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
5 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.