FLETCHER V HULL HC WHA CIV 2009-488-762

FLETCHER V HULL HC WHA CIV 2009-488-762

Discretion to order security for costs dismissed because plaintiffs have reasonable prospects of success at least in part, their impecuniosity is at least partly caused by defendants' breach, there is a real risk an order would deny access to justice, and defendants delayed bringing the application; accordingly security and a stay were refused and plaintiffs awarded costs on a 2B basis.

Citation
openlaw-8a1fdc0a_59c8_40e5_a018_5a34cb9b014b.pdf
Parties
Plaintiffs: Paul Leslie Fletcher and Maureen Elizabeth Fletcher as trustees of the PL and MEFletcher Family Trust; Defendants: Peter Abe Hull and Beverlyanne Hull
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 May 2012
Procedural Posture
Civil Contract Dispute / Interlocutory Application for Security for Costs Before Trial
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Mitigation of Loss, Measure of Damages, Stay, Impecuniosity, Bankruptcy
Contract Property Insolvency Civil Procedure Costs Security for Costs Mitigation of Loss Measure of Damages +3 more

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Parties

Paul Leslie Fletcher and Maureen Elizabeth Fletcher as trustees of the PL and MEFletcher Family Trust

Plaintiffs

Peter Abe Hull and Beverlyanne Hull

Defendants

Procedural Posture

Civil Contract Dispute / Interlocutory Application for Security for Costs Before Trial

Legal Issues

  1. 1 Whether to order security for costs under r 5.45 High Court Rules
  2. 2 Whether plaintiffs' impecuniosity was caused by defendants' breach
  3. 3 Whether plaintiffs have reasonable prospects of success

Ratio Decidendi

Discretion to order security for costs dismissed because plaintiffs have reasonable prospects of success at least in part, their impecuniosity is at least partly caused by defendants' breach, there is a real risk an order would deny access to justice, and defendants delayed bringing the application; accordingly security and a stay were refused and plaintiffs awarded costs on a 2B basis.

Court Disposition

Application for security for costs dismissed

Orders

  • Application for security for costs dismissed
  • Costs to plaintiffs on a 2B basis