T E NELSON v S L MEIER [2015] NZHC 340

T E NELSON v S L MEIER [2015] NZHC 340

Application for security for costs is declined because, despite plaintiff's impecuniosity and discrepancies in accounts, significant factual disputes require determination at hearing and an order for security would risk denying access to justice; costs reserved and matter to proceed.

Citation
[2015] NZHC 340
Parties
Plaintiff/respondent: Thelma Edith Nelson; Defendant/applicant: Sandra Leanne Meier
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2015
Procedural Posture
Civil Proceedings (debt, Trust and Licence to Occupy) / Interlocutory Application for Security for Costs
Outcome
Application for security for costs declined; costs reserved.
Legal Topics
Security for Costs, Debt Recovery, Licence to Occupy, Constructive Trust, Resulting Trust, Eviction, Costs (legal Aid)
Trusts Property Law Civil Procedure Equity Security for Costs Debt Recovery Licence to Occupy Constructive Trust +3 more

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Parties

Thelma Edith Nelson

Plaintiff/respondent

Sandra Leanne Meier

Defendant/applicant

Procedural Posture

Civil Proceedings (debt, Trust and Licence to Occupy) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff must provide security for costs
  2. 2 Whether payments were loans, gifts or consideration for sale of interest
  3. 3 Whether a resulting or constructive trust arises over the defendant's replacement property

Ratio Decidendi

Application for security for costs is declined because, despite plaintiff's impecuniosity and discrepancies in accounts, significant factual disputes require determination at hearing and an order for security would risk denying access to justice; costs reserved and matter to proceed.

Court Disposition

Application for security for costs declined; costs reserved.

Orders

  • Application for security for costs is declined.
  • Costs reserved.