1The inherent jurisdiction to re-open a proceeding after final judgment requires the court to have proceeded on a misapprehension of fact or law not attributable to the applicant's neglect; where the court addressed the substance of the argument notwithstanding the factual uncertainty, any misapprehension about what occurred below was rendered immaterial.
2Release of security for costs before assessment is discretionary and turns on the evidence in each case, including the quantum of costs apparently incurred, the amount of security held, and whether the successful party has offered appropriate protections such as an undertaking to repay any overpayment.
3A respondent seeking early release of security should provide sufficient itemised evidence of costs to enable the court and the opposing party to make a meaningful assessment, and should proffer an undertaking to repay any excess rather than leaving the paying party to institute fresh proceedings.
