SADIQ V BAYCORP (NZ) LIMITED AND ANOR HC AK CIV-2007-404-6421

SADIQ V BAYCORP (NZ) LIMITED AND ANOR HC AK CIV-2007-404-6421

Proceedings dismissed under High Court Rules r15.2 for failure to pay ordered security for costs; plaintiff ordered to pay defendants' costs (assessed at 2B) and disbursements; first defendant awarded costs of its summary judgment application despite being unsuccessful because the application clarified and crystallised issues.

Citation
openlaw-b7f3df9f_39f8_415f_aa71_723cacb2a6c0.pdf
Parties
Plaintiff: Mohammad Sadiq; First Defendant: Baycorp (NZ) Limited; Second Defendant: John Ewart Harris
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 August 2009
Procedural Posture
Defamation / Dismissal Under Rule 15.2 for Non Payment of Security for Costs
Outcome
Proceedings dismissed under Rule 15.2 for non-payment of security for costs; plaintiff to pay defendants' costs and disbursements; first defendant awarded costs of summary judgment application; defendants entitled to costs of conferences.
Legal Topics
Security for Costs, Dismissal for Non Compliance, Summary Judgment, Costs and Disbursements
Defamation Civil Procedure Costs Security for Costs Dismissal for Non Compliance Summary Judgment Costs and Disbursements

Case Brief

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Parties

Mohammad Sadiq

Plaintiff

Baycorp (NZ) Limited

First Defendant

John Ewart Harris

Second Defendant

Procedural Posture

Defamation / Dismissal Under Rule 15.2 for Non Payment of Security for Costs

Legal Issues

  1. 1 Whether proceedings should be dismissed for failure to comply with security for costs orders
  2. 2 Whether defendants are entitled to costs despite an earlier unsuccessful summary judgment application
  3. 3 Entitlement to costs for conferences and fixed disbursements

Ratio Decidendi

Proceedings dismissed under High Court Rules r15.2 for failure to pay ordered security for costs; plaintiff ordered to pay defendants' costs (assessed at 2B) and disbursements; first defendant awarded costs of its summary judgment application despite being unsuccessful because the application clarified and crystallised issues.

Court Disposition

Proceedings dismissed under Rule 15.2 for non-payment of security for costs; plaintiff to pay defendants' costs and disbursements; first defendant awarded costs of summary judgment application; defendants entitled to costs of conferences.

Orders

  • Proceedings dismissed under High Court Rules r15.2 for non-payment of security for costs.
  • Plaintiff to pay the defendants' costs assessed at 2B and disbursements.