The appellant sought to set aside a Registrar's order dismissing its appeal for delay.
The respondent City consented to setting aside the dismissal but sought security for costs as a condition.
The appellant opposed the security for costs order, arguing it was impecunious and that the appeal had merit.
The court considered whether the appeal was frivolous and vexatious, whether the appellant was impecunious, and the merits of the appeal.
The court found the appeal was not frivolous and vexatious, the appellant was impecunious, and while the appeal had little chance of success, ordering security for costs would effectively prevent the appeal from proceeding.
The court dismissed the motion for security for costs and set aside the Registrar's dismissal.
