A.C.N. 092 138 442 PTY LTD (IN LIQ) & ORS v BRISTOL CUSTODIANS LTD & ANOR [2014] NZHC 235

A.C.N. 092 138 442 PTY LTD (IN LIQ) & ORS v BRISTOL CUSTODIANS LTD & ANOR [2014] NZHC 235

Leave to file the security for costs application out of time and the substantive application were dismissed because the defendants failed to adequately explain the extensive delay, there was insufficient material to show plaintiffs would be unable to pay or that New Zealand costs orders would be unenforceable in Australia, and no irreparable damage to defendants was demonstrated such as would justify overriding the prejudice of late filing.

Citation
[2014] NZHC 235
Parties
First Plaintiff/applicant: A.C.N. 092 138 442 PTY LIMITED (IN LIQUIDATION); Second Plaintiff/applicant: Ozem Kassem; Second Plaintiff/applicant: Bruno Secatore; First Defendant/applicant: Bristol Custodians Limited; Second Defendant/applicant: Steven John Flaws
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 February 2014
Procedural Posture
Civil (pre Trial, Interlocutory) / Application for Security for Costs and Application for Leave to File Interlocutory Application Out of Time; Two Day Fixture Scheduled to Commence 3 March 2014
Outcome
Application for leave to bring the application out of time and application for security for costs dismissed
Legal Topics
Security for Costs, Leave to File Interlocutory Application Out of Time, Enforcement of Foreign Judgments, Liquidator Personal Liability
Civil Procedure Insolvency Costs Enforcement Security for Costs Leave to File Interlocutory Application Out of Time Enforcement of Foreign Judgments Liquidator Personal Liability

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Parties

A.C.N. 092 138 442 PTY LIMITED (IN LIQUIDATION)

First Plaintiff/applicant

Ozem Kassem

Second Plaintiff/applicant

Bruno Secatore

Second Plaintiff/applicant

Bristol Custodians Limited

First Defendant/applicant

Steven John Flaws

Second Defendant/applicant

Procedural Posture

Civil (pre Trial, Interlocutory) / Application for Security for Costs and Application for Leave to File Interlocutory Application Out of Time; Two Day Fixture Scheduled to Commence 3 March 2014

Legal Issues

  1. 1 Whether leave should be granted to file an application for security for costs out of time
  2. 2 Whether security for costs should be ordered against overseas plaintiffs and liquidators
  3. 3 Whether plaintiffs are unable to pay defendants' costs or NZ orders would be unenforceable in Australia

Ratio Decidendi

Leave to file the security for costs application out of time and the substantive application were dismissed because the defendants failed to adequately explain the extensive delay, there was insufficient material to show plaintiffs would be unable to pay or that New Zealand costs orders would be unenforceable in Australia, and no irreparable damage to defendants was demonstrated such as would justify overriding the prejudice of late filing.

Court Disposition

Application for leave to bring the application out of time and application for security for costs dismissed

Orders

  • Application for leave to file the security for costs application out of time dismissed
  • Application for security for costs dismissed