GROUT v THE COUNCIL OF THE SHIRE OF WARRINGAH SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL HANDLEY JA 18 May 1992 [1992] NSWCA 100 Handley JA. The Council has applied, by motion, for an order that the appellant provide security for costs of the appeal. The evidence before the court indicates that the appellant is very heavily indebted to Westpac and that all his assets are mortgaged to that bank to secure his indebtedness. In these circumstances the case is one prima facie calling for an order for security of costs of the appeal unless the opponent — the appellant to the appeal — is able to bring himself within the principle that impecuniosity brought about by the wrongful acts of the other party is not a ground for ordering security for costs. The only evidence on that matter presently before the Court is par 10 of Mr Grout's affidavit of 15 May. This is not admissible in form and does not provide any material from which a court can assess whether, in truth, the opponent has an arguable case that his impecuniosity has been brought about by the negligent actions of the Council. There is something to be said for the view that the appellant's impecuniosity had been brought about by borrowing $2 million from Westpac. The case cannot proceed suitably today and will be adjourned until Monday 1 June. The opponent is to pay the costs of the proceedings to date. Orders accordingly.