TRI MEDIA INTERNATIONAL LIMITED AND ANOR V THE WELLINGTON COMPANY LIMITED AND ORS HC WN CIV 2008-485-2768

TRI MEDIA INTERNATIONAL LIMITED AND ANOR V THE WELLINGTON COMPANY LIMITED AND ORS HC WN CIV 2008-485-2768

The Associate Judge was wrong to order security for costs in favour of the second and fourth defendants because they made no independent application, the application before the court related only to the first and third defendants and there was a misunderstanding about the scope of the application; accordingly the security order as to the second and fourth defendants is quashed, leave to bring the review out of time is granted and indemnity costs are awarded against the first and third defendants.

Citation
openlaw-ee9f570b_b212_4b1a_ae23_ec8e33f91eea.pdf
Parties
First Plaintiff: Tri Media International Limited; Second Plaintiff: M Brewer; First Defendant: The Wellington Company Limited; Second Defendant: One Media Limited; Third Defendant: Syncron Investments Limited; Fourth Defendant: K Jones
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2009
Procedural Posture
Civil Review of Interlocutory Security for Costs Order / High Court Review (leave to Review Granted)
Outcome
Review granted in part; security for costs order quashed as to second and fourth defendants; indemnity costs awarded to plaintiffs against first and third defendants; no costs order in favour of either party on the recall application.
Legal Topics
Security for Costs, Order Recall, Leave to Bring Review Out of Time, Indemnity Costs, Procedural Fairness
Civil Procedure Costs Security for Costs Judicial Review Order Recall Leave to Bring Review Out of Time Indemnity Costs Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tri Media International Limited

First Plaintiff

M Brewer

Second Plaintiff

The Wellington Company Limited

First Defendant

One Media Limited

Second Defendant

Syncron Investments Limited

Third Defendant

K Jones

Fourth Defendant

Procedural Posture

Civil Review of Interlocutory Security for Costs Order / High Court Review (leave to Review Granted)

Legal Issues

  1. 1 Whether the Associate Judge erred in ordering security for costs in favour of defendants who did not apply
  2. 2 Whether leave should be granted to bring the review out of time
  3. 3 Whether indemnity costs should be awarded against intervening defendants who improperly resisted the review

Ratio Decidendi

The Associate Judge was wrong to order security for costs in favour of the second and fourth defendants because they made no independent application, the application before the court related only to the first and third defendants and there was a misunderstanding about the scope of the application; accordingly the security order as to the second and fourth defendants is quashed, leave to bring the review out of time is granted and indemnity costs are awarded against the first and third defendants.

Court Disposition

Review granted in part; security for costs order quashed as to second and fourth defendants; indemnity costs awarded to plaintiffs against first and third defendants; no costs order in favour of either party on the recall application.

Orders

  • Quash the security for costs order as to the second and fourth defendants.
  • Grant leave to bring the review out of time.