An appeal from a threshold determination on security for costs is governed by principles similar to House v The King, requiring a finding that the primary judge's assessment miscarried rather than merely that the appellate court would have reached a different conclusion. Once a prima facie case of inability to pay is established, the evidentiary burden shifts to the resisting party, and bald assertions in solicitor affidavits made on information and belief are insufficient to discharge that burden. The quantum of security is assessed on a broadbrush basis having regard to the history and circumstances of the matter, without application of a fixed or customary percentage discount for contingencies.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.