CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) HC WHA CIV 2011-488-232

CRAIG BUSCH V ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) HC WHA CIV 2011-488-232

The court found the plaintiff's residence was transient and there was reason to believe he would be unable to pay costs based on prior conduct and lack of financial disclosure; balancing the parties' interests the court concluded it was just to order security for costs, fixed at $16,000, and to stay the proceeding if security was not paid by the specified date.

Citation
openlaw-3bc80d72_c86c_46bb_8e21_836b3ed256ef.pdf
Parties
First Plaintiff: CRAIG BUSCH; Second Plaintiff: CRAIG BUSCH AND ILS TRUSTEES LIMITED AS TRUSTEES OF THE BUSCH WILDLIFE FOUNDATION TRUST; First Defendant: ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION); Second Defendant: COUNTRY DEVELOPMENTS LIMITED (IN RECEIVERSHIP); Third Defendant: PATRICIA ELAINE BUSCH
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 January 2012
Procedural Posture
Application for Security for Costs Under R 5.45 High Court Rules (civil) / Interlocutory Application Oral Judgment on Security for Costs
Outcome
Application for security for costs granted against Craig Busch (personally and as trustee)
Legal Topics
Security for Costs, Residence and Enforceability of Costs Orders, Ownership of Captive Wildlife, Statutory Licences and Control of Animals
Civil Procedure Trusts Company Law (receivership/liquidation) Animal Welfare Law Security for Costs Residence and Enforceability of Costs Orders Ownership of Captive Wildlife Statutory Licences and Control of Animals

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Parties

CRAIG BUSCH

First Plaintiff

CRAIG BUSCH AND ILS TRUSTEES LIMITED AS TRUSTEES OF THE BUSCH WILDLIFE FOUNDATION TRUST

Second Plaintiff

ZION WILDLIFE GARDENS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION)

First Defendant

COUNTRY DEVELOPMENTS LIMITED (IN RECEIVERSHIP)

Second Defendant

PATRICIA ELAINE BUSCH

Third Defendant

Procedural Posture

Application for Security for Costs Under R 5.45 High Court Rules (civil) / Interlocutory Application Oral Judgment on Security for Costs

Legal Issues

  1. 1 Whether threshold under r 5.45(1) is met (plaintiff resident outside New Zealand or unable to pay)
  2. 2 How court should exercise its discretion under r 5.45(2) balancing parties' interests
  3. 3 Appropriate quantum of security for costs

Ratio Decidendi

The court found the plaintiff's residence was transient and there was reason to believe he would be unable to pay costs based on prior conduct and lack of financial disclosure; balancing the parties' interests the court concluded it was just to order security for costs, fixed at $16,000, and to stay the proceeding if security was not paid by the specified date.

Court Disposition

Application for security for costs granted against Craig Busch (personally and as trustee)

Orders

  • Craig Busch to provide security for costs of $16,000 by Wednesday 1 February 2012
  • If security of $16,000 is not paid into court by 1 February 2012 the proceeding will be stayed until compliance