1Where multiple interlocutory applications (security for costs, stay of judgment, setting aside a statutory demand) are on foot and cannot be heard before a scheduled appeal date due to court resourcing constraints, vacation of the appeal hearing may be the appropriate case management response to avoid parties incurring potentially unnecessary costs.
2The lateness of a security for costs application does not necessarily preclude its entertainment where the timing was linked to disclosure of the appellant's impecuniosity, the hearing date was fixed over the respondent's objection, and the court had foreshadowed revisiting the listing.
