SOPHIE LAI aka SHU-HWA LAI v LIU SHUN-MEI HUANG [2019] NZHC 115

SOPHIE LAI aka SHU-HWA LAI v LIU SHUN-MEI HUANG [2019] NZHC 115

There was no material change of circumstances: the first plaintiff's alleged impecuniosity was already assessed when the original order was made, the $5,000 payout of security was consensual and not material, and given the proximity of the trial, absence of a requested stay, modesty of the shortfall and ongoing payments, increased security for costs was refused.

Citation
[2019] NZHC 115
Parties
First Plaintiff: SOPHIE LAI aka SHU-HWA LAI; Second Plaintiff: RICHARD HUANG; Third Plaintiff: GINI HUANG; First Defendant: LIU SHUN-MEI HUANG as executrix of the ESTATE OF HSIU-LIN HUANG; Second Defendant: CHUN-CHING HUANG; Third Defendant: CHUN-TA HUANG; Fourth Defendants: LIU SHUN-MEI HUANG and CHUN-CHING HUANG as trustees of the SONG LIN FAMILY TRUST
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 February 2019
Procedural Posture
Civil Proceedings Concerning Estate and Trust With Interlocutory Applications / Interlocutory Application for Additional Security for Costs (hearing 7 February 2019); Substantive Trial Scheduled March 2019
Outcome
Application for additional security for costs dismissed
Legal Topics
Security for Costs, Impecuniosity, Material Change of Circumstances, Strike Out, Testamentary Claims, Trustees' Duties
Civil Procedure Trusts Estate and Succession Costs Security for Costs Impecuniosity Material Change of Circumstances Strike Out +2 more

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Parties

SOPHIE LAI aka SHU-HWA LAI

First Plaintiff

RICHARD HUANG

Second Plaintiff

GINI HUANG

Third Plaintiff

LIU SHUN-MEI HUANG as executrix of the ESTATE OF HSIU-LIN HUANG

First Defendant

CHUN-CHING HUANG

Second Defendant

CHUN-TA HUANG

Third Defendant

LIU SHUN-MEI HUANG and CHUN-CHING HUANG as trustees of the SONG LIN FAMILY TRUST

Fourth Defendants

Procedural Posture

Civil Proceedings Concerning Estate and Trust With Interlocutory Applications / Interlocutory Application for Additional Security for Costs (hearing 7 February 2019); Substantive Trial Scheduled March 2019

Legal Issues

  1. 1 Whether there has been a material change of circumstances since the original security for costs order such as to justify increased security
  2. 2 Whether the first plaintiff is sufficiently impecunious to justify increased security
  3. 3 Whether the partial payout of existing security is a material change

Ratio Decidendi

There was no material change of circumstances: the first plaintiff's alleged impecuniosity was already assessed when the original order was made, the $5,000 payout of security was consensual and not material, and given the proximity of the trial, absence of a requested stay, modesty of the shortfall and ongoing payments, increased security for costs was refused.

Court Disposition

Application for additional security for costs dismissed

Orders

  • Declined to order increased security for costs
  • No order as to costs on this application