PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV-2003-091-143

PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV-2003-091-143

Application for further security for costs refused because the defendants sought sums the plaintiffs could not provide, the anonymous funder lacked resources to provide security and an order at the level sought would likely prevent the plaintiffs from proceeding to trial; application to compel disclosure of funder identity refused as not justified on this application; application for further ACC disclosure refused as inappropriate so close to trial given prior broad authorities and lateness of request.

Citation
openlaw-febfecd2_4a24_4825_b254_96b457129afb.pdf
Parties
First Plaintiff: Amanda Pickard; Second Plaintiff: Troy Taylor; First Defendant: Chas Ambrose; Second Defendant: Rinnai New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 August 2009
Procedural Posture
Civil (negligence/personal Injury Alleged Carbon Monoxide Poisoning) / Pre Trial Applications for Security for Costs and Discovery; Three Week Trial Scheduled 27 October 2009
Outcome
Applications dismissed in part and refused: further security for costs refused; orders to disclose funder identity and ACC authority refused; further discovery refused.
Legal Topics
Security for Costs, Third Party Litigation Funding, Discovery of Medical Records, Withdrawal of Legal Aid, Access to Justice
Civil Procedure Tort (negligence) Costs Evidence and Disclosure Security for Costs Third Party Litigation Funding Discovery of Medical Records Withdrawal of Legal Aid +1 more

Case Brief

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Parties

Amanda Pickard

First Plaintiff

Troy Taylor

Second Plaintiff

Chas Ambrose

First Defendant

Rinnai New Zealand Limited

Second Defendant

Procedural Posture

Civil (negligence/personal Injury Alleged Carbon Monoxide Poisoning) / Pre Trial Applications for Security for Costs and Discovery; Three Week Trial Scheduled 27 October 2009

Legal Issues

  1. 1 Whether further security for costs should be ordered
  2. 2 Whether the court can order disclosure of the identity of a non-party funder
  3. 3 Whether the plaintiff must provide an ACC authority for disclosure of medical records

Ratio Decidendi

Application for further security for costs refused because the defendants sought sums the plaintiffs could not provide, the anonymous funder lacked resources to provide security and an order at the level sought would likely prevent the plaintiffs from proceeding to trial; application to compel disclosure of funder identity refused as not justified on this application; application for further ACC disclosure refused as inappropriate so close to trial given prior broad authorities and lateness of request.

Court Disposition

Applications dismissed in part and refused: further security for costs refused; orders to disclose funder identity and ACC authority refused; further discovery refused.

Orders

  • Application for further security for costs dismissed
  • Application to compel disclosure of identity of third‑party funder refused