EVGENY ORLOV V CHRIS PATTERSON HC AK CIV 2010-404-008519

EVGENY ORLOV V CHRIS PATTERSON HC AK CIV 2010-404-008519

Credible evidence of surrounding circumstances (prior cost orders, consent to security in another proceeding, limited declared income, lack of demonstrable assets and other indicia) satisfied the threshold under r 5.45; exercising its discretion balancing access to justice and defendant protection, the Court ordered...

Source-derived case information.

Citation
openlaw-48d52ae2_54f4_4989_a9e2_aebfcb769bde.pdf
Parties
Plaintiff: Evgeny Orlov; First Defendant: Chris Patterson; Second Defendant: David Dunstan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 July 2012
Procedural Posture
Interlocutory Application for Security for Costs Under High Court Rules R 5.45 / Security for Costs Application / Interlocutory Stage, Hearing of R 5.45 Application
Outcome
Security for costs ordered; proceeding stayed pending payment of initial security; costs of the application awarded to applicant on scale 2B.
Legal Topics
Security for Costs, Threshold Test for Inability to Pay, Judicial Discretion to Order Security, Staged Security Payments, Litigation Privilege, Stay of Proceedings, Scale 2 B Costs
Civil Procedure Costs and Security for Costs Professional Negligence and Regulation Defamation and Injurious Falsehood Abuse of Process Champerty and Maintenance Conspiracy Security for Costs +6 more

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Parties

Evgeny Orlov

Plaintiff

Chris Patterson

First Defendant

David Dunstan

Second Defendant

Procedural Posture

Interlocutory Application for Security for Costs Under High Court Rules R 5.45 / Security for Costs Application / Interlocutory Stage, Hearing of R 5.45 Application

Legal Issues

  1. 1 Whether there is reason to believe the plaintiff will be unable to pay the defendant's costs if unsuccessful
  2. 2 Whether the Court should exercise its discretion to order security for costs notwithstanding access to justice concerns
  3. 3 Appropriate quantum and staging of any security order

Ratio Decidendi

Credible evidence of surrounding circumstances (prior cost orders, consent to security in another proceeding, limited declared income, lack of demonstrable assets and other indicia) satisfied the threshold under r 5.45; exercising its discretion balancing access to justice and defendant protection, the Court ordered security for costs of NZD 30,000 to be paid in stages (NZD 12,000 immediately and NZD 18,000 before trial), stayed the proceeding pending the first payment and awarded costs of the security application to the applicant on a scale 2B basis.

Court Disposition

Security for costs ordered; proceeding stayed pending payment of initial security; costs of the application awarded to applicant on scale 2B.

Orders

  • Plaintiff to provide security for first defendant's costs in the total sum of NZD 30,000 by staged payments: NZD 12,000 immediately and NZD 18,000 prior to the proceeding being set down for trial.
  • Security to be provided by payment into Court or lodged in a solicitor's trust account on interest bearing deposit on an undertaking not to disperse without further order, or other manner agreed and advised to the Court in a joint memorandum.