Where a liquidator accepts personal responsibility for costs if an appeal is unsuccessful, this substantially diminishes the basis for ordering security for costs against the company in liquidation. An applicant's existing outstanding costs liability to the respondent that exceeds likely appeal costs, and the applicant's unrepresented status, are each relevant factors against ordering security. The supervisory jurisdiction over a liquidator's conduct under s 477(2B) of the Corporations Act 2001 (Cth) is properly exercised by the general division, not the Court of Appeal.
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