The appellants moved to stay a post-trial order directing that money paid into court by the plaintiff as security for costs be paid out to the respondent's solicitors in trust.
The court held that a successful plaintiff at trial is entitled to the return of money posted as security for costs notwithstanding an appeal and rejected the attempt to preserve the security indirectly pending appeal.
The motion to stay was dismissed with costs.
The respondent's cross-motion to strike a ground in the supplementary notice of appeal was dismissed as moot without costs.
