SAVILL v AMFL LIMITED [2020] NZHC 3061

SAVILL v AMFL LIMITED [2020] NZHC 3061

Threshold under r 5.45 satisfied due to plaintiff's impecuniosity; balancing exercise supports security for costs of NZD 65,000 (estimated 2B scale costs ~NZD 50,000 increased by one‑third to reflect indemnity costs entitlement); payment to be staged ($32,500 within 15 working days, $32,500 within 5 working days of...

Source-derived case information.

Citation
[2020] NZHC 3061
Parties
Plaintiff (respondent): Simon Lydall Savill; Defendant (applicant): AMFL Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 November 2020
Procedural Posture
Civil Proceeding Application for Security for Costs Under High Court Rules R 5.45 / Interlocutory Application (security for Costs)
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Injunction, Costs Indemnity, Mortgagee Sale/foreclosure, Conversion
Civil Procedure Contract Property Law Security for Costs Injunction Costs Indemnity Mortgagee Sale/foreclosure Conversion

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Parties

Simon Lydall Savill

Plaintiff (respondent)

AMFL Limited

Defendant (applicant)

Procedural Posture

Civil Proceeding Application for Security for Costs Under High Court Rules R 5.45 / Interlocutory Application (security for Costs)

Legal Issues

  1. 1 Whether threshold under r 5.45(1) is satisfied (plaintiff impecunious)
  2. 2 Whether it is just in all the circumstances to order security for costs
  3. 3 Quantum and timing of security for costs given indemnity costs provision

Ratio Decidendi

Threshold under r 5.45 satisfied due to plaintiff's impecuniosity; balancing exercise supports security for costs of NZD 65,000 (estimated 2B scale costs ~NZD 50,000 increased by one‑third to reflect indemnity costs entitlement); payment to be staged ($32,500 within 15 working days, $32,500 within 5 working days of trial being set down); failure to pay triggers stay and potential strike out after 20 working days.

Court Disposition

Application for security for costs granted in part

Orders

  • Security for costs fixed at NZD 65,000
  • Plaintiff to pay NZD 32,500 within 15 working days of judgment