The Court of Appeal's power to order security for costs under r 64.38(4) extends to past costs already incurred. Where cash security would stultify an appeal but the persons standing behind the corporate applicant have real property, security may be ordered in the form of a personal undertaking secured by a charge over that property. The conditions in r 62.02 for security at first instance may not apply as preconditions to the appellate discretion under r 64.38.
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