An appellant's impecuniosity, combined with very weak prospects of success, justifies an order for security for costs at the appellate level, particularly where the appellant has already had multiple opportunities to litigate the dispute. A refusal to make a protective costs order under s 65C(2A) of the Civil Procedure Act 2010 (Vic) is an order 'as to costs' requiring leave to appeal under s 17A(2) of the Supreme Court Act 1986 (Vic).
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