Where applicant for leave to appeal an undischarged bankrupt
Quick Take
1Where an appeal from VCAT is the first occasion on which judicial power is exercised over a matter, the usual reduced reluctance to order security on appeal may require some qualification, though this distinction carries less weight where the tribunal decision was made by a Vice President who is a judge of the County Court.
2A demonstrated history of successful crowd-funding to meet legal costs is relevant to whether an order for security would stultify the proceeding, even where current funds are exhausted and more recent fundraising efforts have been less successful.
3The transition from a no-costs jurisdiction (VCAT) to a costs jurisdiction (Court of Appeal) is a significant factor favouring the grant of security, as the successful respondent at first instance faces the prospect of irrecoverable costs in defending an appeal brought by an impecunious applicant.
