ATHANASIOS KORONIADIS v JOHN HOWARD ROSS FISK [2014] NZHC 2823

ATHANASIOS KORONIADIS v JOHN HOWARD ROSS FISK [2014] NZHC 2823

Applicant was impecunious and large parts of his claims were weak, barred by Companies Act s248 or protected by Receiverships Act s16, and many claims were unsuitable for summary jurisdiction; balancing interests favored defendants so security for costs of $7,960 was ordered in each proceeding and each proceeding stayed until payment.

Citation
[2014] NZHC 2823
Parties
Applicant: Athanasios Koroniadis; First Defendant: John Howard Ross Fisk; Second Defendant: Richard Longman; Third Defendant: Colin Thomas McCloy
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 November 2014
Procedural Posture
Summary Judgment Applications With Interlocutory Security for Costs Applications / Security for Costs Hearing Decided; Summary Judgment Applications Adjourned Pending Payment of Ordered Security
Outcome
Applications for security for costs granted.
Legal Topics
Security for Costs, Summary Judgment Jurisdiction, Standing of Directors in Liquidation, Validity of Receivers' Appointment, Remuneration and Accounts of Receivers, Statutory Duties of Receivers
Receiverships Companies Law Civil Procedure Insolvency Property Law Security for Costs Summary Judgment Jurisdiction Standing of Directors in Liquidation +3 more

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Parties

Athanasios Koroniadis

Applicant

John Howard Ross Fisk

First Defendant

Richard Longman

Second Defendant

Colin Thomas McCloy

Third Defendant

Procedural Posture

Summary Judgment Applications With Interlocutory Security for Costs Applications / Security for Costs Hearing Decided; Summary Judgment Applications Adjourned Pending Payment of Ordered Security

Legal Issues

  1. 1 Whether security for costs should be ordered under r 5.45 High Court Rules
  2. 2 Whether applicant had standing to commence/continue proceedings on behalf of a company in liquidation (Companies Act s248)
  3. 3 Whether substantial parts of the claims are barred or weak because of statutory provisions (Receiverships Act s16 and Companies Act s248)

Ratio Decidendi

Applicant was impecunious and large parts of his claims were weak, barred by Companies Act s248 or protected by Receiverships Act s16, and many claims were unsuitable for summary jurisdiction; balancing interests favored defendants so security for costs of $7,960 was ordered in each proceeding and each proceeding stayed until payment.

Court Disposition

Applications for security for costs granted.

Orders

  • Applicant to pay $7,960 into Court as security for defendants' costs in MDL proceeding (CIV-2014-485-9285); MDL proceeding stayed until payment is made.
  • Applicant to pay $7,960 into Court as security for defendants' costs in ASP proceeding (CIV-2014-485-9289); ASP proceeding stayed until payment is made.