CHAN V DEPUTY CHIEF EXECUTIVE HC AK CIV-2012-404-4039

CHAN V DEPUTY CHIEF EXECUTIVE HC AK CIV-2012-404-4039

Security for costs of $5,000 was ordered because the applicant is resident overseas with uncertain means, enforcement of any costs award would be difficult and costly, and $5,000 is an appropriate and proportionate sum in all the circumstances (approximately a quarter of likely scale costs for a half day hearing).

Citation
openlaw-40dbf312_c71c_4155_9b7b_5f7c8a74eafc.pdf
Parties
Plaintiff / Applicant: Choong Ah Chan; Defendant / Respondent: Deputy Chief Executive, Immigration Group, Ministry of Business Innovation and Employment
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 August 2012
Procedural Posture
Judicial Review (immigration) / Interlocutory Application for Security for Costs Under High Court Rules R 5.45
Outcome
Security for costs ordered in interlocutory application
Legal Topics
Security for Costs, Judicial Review, Time Limits for Review, Enforcement of Costs Orders
Immigration Law Administrative Law Civil Procedure Security for Costs Judicial Review Time Limits for Review Enforcement of Costs Orders

Case Brief

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Parties

Choong Ah Chan

Plaintiff / Applicant

Deputy Chief Executive, Immigration Group, Ministry of Business Innovation and Employment

Defendant / Respondent

Procedural Posture

Judicial Review (immigration) / Interlocutory Application for Security for Costs Under High Court Rules R 5.45

Legal Issues

  1. 1 Whether security for costs should be ordered against an overseas judicial review applicant
  2. 2 What quantum of security for costs is appropriate in the circumstances
  3. 3 Whether the defendant's costs are likely to be recoverable/enforceable if the applicant is overseas

Ratio Decidendi

Security for costs of $5,000 was ordered because the applicant is resident overseas with uncertain means, enforcement of any costs award would be difficult and costly, and $5,000 is an appropriate and proportionate sum in all the circumstances (approximately a quarter of likely scale costs for a half day hearing).

Court Disposition

Security for costs ordered in interlocutory application

Orders

  • Applicant to pay $5,000 into Court as security for costs within 10 working days of judgment
  • If payment is not made the proceeding will be stayed until payment is made without further order of the Court