The respondents brought a motion to quash parts of the appeal and for security for costs.
The Court of Appeal declined to quash parts of the appeal on a preliminary motion, leaving the issue for the panel hearing the appeal.
However, the court granted the motion for security for costs under Rule 61.06(1)(a), finding the appellant was impecunious and the appeal from an order allowing the respondents to discontinue their action appeared frivolous and vexatious.
The appellant was ordered to post $15,000 in security.