KEEMATI LIMITED v MR CIVIL LIMITED & ORS [2021] NZHC 917

KEEMATI LIMITED v MR CIVIL LIMITED & ORS [2021] NZHC 917

Security for costs was required and quantified at $27,404 to be paid in cash by a fixed date; the plaintiff must appoint counsel by a fixed date if it wishes to pursue the claim; applications for further particulars and broader timetabling were deferred because the plaintiff is unrepresented and it would be inappropriate and counter-productive to fix those matters before counsel is appointed; a first case management conference will be listed after counsel is appointed to set further timetabling and a trial date.

Citation
[2021] NZHC 917
Parties
Plaintiff/first Counterclaim Defendant: Keemati Limited; First Defendant/first Counterclaim Plaintiff: MR Civil Limited; Second Defendant: Jie Gao; Third Defendant/second Counterclaim Plaintiff: QNZ LIITED; Second Counterclaim Defendant: Keemati Lal Angurala
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2021
Procedural Posture
Commercial Civil Proceedings / Interlocutory (security for Costs, Appointment of Counsel, Timetabling and Further Particulars Unresolved)
Outcome
Court ordered payment of security for costs in cash, required plaintiff to appoint counsel by a deadline, declined to timetable the further particulars hearing or other interlocutory/trial timetabling until counsel is appointed, and directed the Registrar to list a case management conference after counsel is appointed.
Legal Topics
Security for Costs Order, Appointment of Counsel, Timetabling Orders, Further Particulars, Case Management Conference
Civil Procedure Security for Costs Freezing Orders Civil Litigation Case Management Security for Costs Order Appointment of Counsel Timetabling Orders +2 more

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Parties

Keemati Limited

Plaintiff/first Counterclaim Defendant

MR Civil Limited

First Defendant/first Counterclaim Plaintiff

Jie Gao

Second Defendant

QNZ LIITED

Third Defendant/second Counterclaim Plaintiff

Keemati Lal Angurala

Second Counterclaim Defendant

Procedural Posture

Commercial Civil Proceedings / Interlocutory (security for Costs, Appointment of Counsel, Timetabling and Further Particulars Unresolved)

Legal Issues

  1. 1 Whether the plaintiff must pay security for costs in cash and in what amount
  2. 2 Whether the plaintiff must appoint counsel to continue the proceedings
  3. 3 Whether the further particulars hearing should be timetabled now

Ratio Decidendi

Security for costs was required and quantified at $27,404 to be paid in cash by a fixed date; the plaintiff must appoint counsel by a fixed date if it wishes to pursue the claim; applications for further particulars and broader timetabling were deferred because the plaintiff is unrepresented and it would be inappropriate and counter-productive to fix those matters before counsel is appointed; a first case management conference will be listed after counsel is appointed to set further timetabling and a trial date.

Court Disposition

Court ordered payment of security for costs in cash, required plaintiff to appoint counsel by a deadline, declined to timetable the further particulars hearing or other interlocutory/trial timetabling until counsel is appointed, and directed the Registrar to list a case management conference after counsel is appointed.

Orders

  • Plaintiff must pay security of $27,404 to the Court in cash by 5:00 pm on Friday, 21 May 2021
  • Plaintiff must appoint counsel by 5:00 pm on Friday, 28 May 2021 and file a memorandum informing the Court and the defendants of the appointment by the same date