The respondents moved to lift the automatic stay of an $84,000 costs award pending appeal and sought an order for security for costs of the appeal.
The court dismissed the motion to lift the stay, finding no demonstrable and unusual hardship to the respondents.
However, the court granted the motion for security for costs, finding the appeal to be frivolous and vexatious and noting the appellant's insufficient assets.
The appellant was ordered to post $14,400 as security for costs.