13 Sept 2013
The application to set aside or defer the security was dismissed as having no merit and bordering on abuse of process, and because security remained unpaid and the plaintiff was adjudicated bankrupt with the Official Assignee electing not to pursue the claim, the proceeding was struck out and costs awarded to the defendants.
20 Jun 2012
The extension was declined because the appellant failed to remedy a defective notice of appeal (leading to deemed abandonment under r 30(3)), did not pay ordered security, offered no satisfactory explanation for delay, the proposed appeal had no real prospect of success as it challenged findings of fact, and the appellant's bankruptcy and the Official Assignee's disclaimer prevented him from pursuing the appeal.
29 Mar 2010
The High Court's order requiring modest security for costs was lawful and within discretion; s 67 jurisdiction to grant leave was doubtful but, on the merits, there was no arguable question of law or principle to justify leave to appeal; bankruptcy does not automatically bar security and the unless order operated under s 74 District Courts Act 1947 to dismiss the appeal; interlocutory case management orders are not subject to a general right of appeal under s 66.