Where an applicant's impecuniosity has not materially changed since the making of a security for costs order, and the applicant has not explored all avenues for raising the security, there is no proper basis to vacate or vary the order. The stifling argument diminishes in importance where the merits of the appeal are poor, particularly where the appeal challenges credibility findings at trial. A guillotine order may be imposed where security has not been provided after a reasonable period and the proceeding should not be permitted to languish under a stay.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.