JACKSON v JACKSON [2017] NZHC 2506

JACKSON v JACKSON [2017] NZHC 2506

The court accepted there was credible evidence the plaintiff could not meet an adverse costs order from his own resources and that the only available indemnity was speculative and unenforceable; balancing the parties' positions and the arguability of the claim, it was just to order security but not for the full claimed quantum, and the appropriate security was fixed at $25,000 to be provided within 15 working days, failing which the proceeding would be stayed.

Citation
[2017] NZHC 2506
Parties
Plaintiff (as Administrator of the Estate of Ivy Jackson): Raymond Barry Jackson; Second Plaintiff: Raymond Barry Jackson; First Defendant: Stephen James Jackson; Second Defendant: Linda Margaret Jackson; Third Defendant: Metro Law
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 October 2017
Procedural Posture
Security for Costs Application (civil Proceeding Concerning Estate of Ivy Jackson) / Interlocutory (pre Trial)
Outcome
Order for security for costs in the sum of $25,000; proceeding to be stayed if security not provided; leave reserved; applicant awarded 2B costs on the application plus disbursements fixed by the Registrar.
Legal Topics
Security for Costs, Indemnity by Trustees, Will Validity, Enduring Power of Attorney, Causation, Expert Evidence Conflict
Civil Procedure Wills and Estates Trusts Professional Negligence Contract Security for Costs Indemnity by Trustees Will Validity +3 more

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Parties

Raymond Barry Jackson

Plaintiff (as Administrator of the Estate of Ivy Jackson)

Raymond Barry Jackson

Second Plaintiff

Stephen James Jackson

First Defendant

Linda Margaret Jackson

Second Defendant

Metro Law

Third Defendant

Procedural Posture

Security for Costs Application (civil Proceeding Concerning Estate of Ivy Jackson) / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether there is credible evidence the plaintiff cannot meet an adverse costs award
  2. 2 Whether an order for security for costs is just in all the circumstances
  3. 3 Quantum of appropriate security

Ratio Decidendi

The court accepted there was credible evidence the plaintiff could not meet an adverse costs order from his own resources and that the only available indemnity was speculative and unenforceable; balancing the parties' positions and the arguability of the claim, it was just to order security but not for the full claimed quantum, and the appropriate security was fixed at $25,000 to be provided within 15 working days, failing which the proceeding would be stayed.

Court Disposition

Order for security for costs in the sum of $25,000; proceeding to be stayed if security not provided; leave reserved; applicant awarded 2B costs on the application plus disbursements fixed by the Registrar.

Orders

  • Plaintiff to provide security for costs of NZD 25000 to the satisfaction of the Registrar within 15 working days of judgment
  • If security is not provided within 15 working days the proceeding is stayed pending further order