The case consolidates and restates the principles governing security for costs applications in the Victorian Court of Appeal, confirming that where an applicant for leave to appeal is impecunious and the proposed appeal has limited prospects, the risk of a costs order going unsatisfied is unacceptable and security will be ordered. An applicant's frank concession of 'cash flow difficulties' combined with encumbered property, unvalued shareholdings, and pending claims against them will establish impecuniosity.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
6 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.