MONNERY v PARSONS [2023] NZHC 1595

MONNERY v PARSONS [2023] NZHC 1595

Court held there had been a sufficient change in character and material circumstances (addition of three causes of action, doubling of claimed quantum, increased complexity and protraction, and continued non‑disclosure of plaintiffs' financial position) to justify revisiting the prior security order; it exercised discretion to order further global security for costs in the total sum of NZD 150,000 payable in staged tranches and ordered discovery of financial records including IR3 tax returns; failure to pay staged amounts when due will stay the plaintiffs' proceeding until payment.

Citation
[2023] NZHC 1595
Parties
First Plaintiff: Paul Mark Monnery; Second Plaintiffs: Paul Mark Monnery and Julie Ann Monnery; First Defendant: Andrew Graham Parsons; Second Defendant: John Murray Creighton; Third Defendant: Bruce Gordon Copeland; Fourth Defendant: Kurt Bredenbech; Fifth Defendant: Murray Charles Parsons; Sixth Defendant: Push Developments Limited; Seventh Defendant: Sandfield Associates Limited; Eighth Defendant: Sandfield Ventures Limited; Ninth Defendant: P K B Investments Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 June 2023
Procedural Posture
Civil Proceeding (economic Torts, Breach of Confidence, Fiduciary and Equitable Remedies) / Pre‑trial Applications for Further Security for Costs and Discovery; Trial Listed July 2024 (15 Working Days)
Outcome
Further security for costs ordered and discovery order granted; costs of the application reserved
Legal Topics
Security for Costs, Discovery, Breach of Confidence, Economic Torts (unlawful Means, Conspiracy), Breach of Fiduciary Duty, Accounting of Profits, Constructive Trust, Third Party Funding Disclosure
Civil Procedure Commercial Law Tort Equity Insolvency Security for Costs Discovery Breach of Confidence +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Paul Mark Monnery

First Plaintiff

Paul Mark Monnery and Julie Ann Monnery

Second Plaintiffs

Andrew Graham Parsons

First Defendant

John Murray Creighton

Second Defendant

Bruce Gordon Copeland

Third Defendant

Kurt Bredenbech

Fourth Defendant

Murray Charles Parsons

Fifth Defendant

Push Developments Limited

Sixth Defendant

Sandfield Associates Limited

Seventh Defendant

Sandfield Ventures Limited

Eighth Defendant

P K B Investments Limited

Ninth Defendant

Procedural Posture

Civil Proceeding (economic Torts, Breach of Confidence, Fiduciary and Equitable Remedies) / Pre‑trial Applications for Further Security for Costs and Discovery; Trial Listed July 2024 (15 Working Days)

Legal Issues

  1. 1 Whether r 5.45(1) threshold is met (reason to believe plaintiffs cannot pay defendants' costs)
  2. 2 Whether, given change in proceedings and/or plaintiffs' financial circumstances, it is just to order further security for costs
  3. 3 What quantum and staging of security is appropriate

Ratio Decidendi

Court held there had been a sufficient change in character and material circumstances (addition of three causes of action, doubling of claimed quantum, increased complexity and protraction, and continued non‑disclosure of plaintiffs' financial position) to justify revisiting the prior security order; it exercised discretion to order further global security for costs in the total sum of NZD 150,000 payable in staged tranches and ordered discovery of financial records including IR3 tax returns; failure to pay staged amounts when due will stay the plaintiffs' proceeding until payment.

Court Disposition

Further security for costs ordered and discovery order granted; costs of the application reserved

Orders

  • Security for costs totalling NZD 150000 payable to the Registrar of the High Court at Wellington as global security for costs of all defendant applicants;
  • Security to be paid in stages: NZD 25000 on case being set down for trial (already paid), NZD 40000 on close of pleadings, NZD 40000 on date of service of plaintiffs' evidence, NZD 45000 three months prior to trial