A notice of appeal that discloses no arguable error on the part of the primary judge can constitute an abuse of process and be struck out under the court's inherent jurisdiction. Post-trial evidence showing that assumptions underlying a damages assessment proved incorrect does not warrant re-opening the assessment, as the principle of finality of litigation is an integral part of the system for determining damages. A bald assertion of likely costs without breakdown into components or time periods is insufficient to support an application for security for costs.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.