HIGHGATE ON BROADWAY LIMITED v DEVINE HC BLE CIV 2012-406-136

HIGHGATE ON BROADWAY LIMITED v DEVINE HC BLE CIV 2012-406-136

The landlord's 24 April 2012 letter to the arbitrator constituted credible evidence from which it was reasonable to infer the landlord would be unable to pay an adverse costs award; balancing the discretionary factors (including the landlord's conduct, third party funding and that security would not prevent...

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Citation
openlaw-1a1af6f2_a0a3_4fce_9b91_34662cb96d2e.pdf
Parties
Applicant (landlord): HIGHGATE ON BROADWAY LIMITED; Respondent (tenant): ARTHUR LAWRENCE MICHAEL DEVINE
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 September 2012
Procedural Posture
Security for Costs Application in High Court Arising From Challenge to Arbitral Jurisdiction and Related Proceedings Under the Arbitration Act 1996 / Interlocutory (hearing of Application for Security for Costs)
Outcome
Order for security for costs granted in the sum of $11,250, payable into Court by 4.00 pm on 14 September 2012; $5,000 in landlord's solicitor's trust account may be applied to that payment; undertaking discharged to that extent; tenant awarded costs on category 2 band B plus disbursements fixed by the Registrar.
Legal Topics
Security for Costs, Impecuniosity, Jurisdiction Challenge, Relief Against Forfeiture, Unlawful Eviction
Civil Procedure Arbitration Property Law Costs Security for Costs Impecuniosity Jurisdiction Challenge Relief Against Forfeiture +1 more

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Parties

HIGHGATE ON BROADWAY LIMITED

Applicant (landlord)

ARTHUR LAWRENCE MICHAEL DEVINE

Respondent (tenant)

Procedural Posture

Security for Costs Application in High Court Arising From Challenge to Arbitral Jurisdiction and Related Proceedings Under the Arbitration Act 1996 / Interlocutory (hearing of Application for Security for Costs)

Legal Issues

  1. 1 Whether there is credible evidence the applicant will be unable to meet an adverse costs award
  2. 2 Whether it is appropriate in the exercise of the Court's discretion to order security for costs
  3. 3 Quantum of appropriate security

Ratio Decidendi

The landlord's 24 April 2012 letter to the arbitrator constituted credible evidence from which it was reasonable to infer the landlord would be unable to pay an adverse costs award; balancing the discretionary factors (including the landlord's conduct, third party funding and that security would not prevent prosecution of the claim) the Court ordered security for costs of $11,250 payable to Court by 4.00 pm 14 September 2012, permitting application of $5,000 in the solicitor's trust account.

Court Disposition

Order for security for costs granted in the sum of $11,250, payable into Court by 4.00 pm on 14 September 2012; $5,000 in landlord's solicitor's trust account may be applied to that payment; undertaking discharged to that extent; tenant awarded costs on category 2 band B plus disbursements fixed by the Registrar.

Orders

  • Pay $11,250 into the Court by 4.00 pm on Friday 14 September 2012
  • The $5,000 sum in the landlord's solicitor's trust account may be used for that purpose and the undertaking given by the landlord's counsel is discharged to that extent