The Court of Appeal ordered security for costs of $50,000 against an individual appellant under UCPR r 51.50, finding 'special circumstances' established by a combination of factors: the appellant's net asset position was insufficient to meet both the substantial judgment debt and any costs liability; the appellant appeared to have taken steps to place assets beyond creditors' reach through related-party mortgages lodged after adverse findings; the grounds of appeal faced material hurdles and were broad-ranging, challenging the entirety of the primary judge's findings; the appellant was overseas with uncertain return; and no evidence was led that the order would stultify the appeal. The freezing orders were varied to permit payment of the security amount.
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