New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Balancing of interests

  • 15 Oct 2019

    LUO v SHIU [2019] NZHC 2620

    Citation
    [2019] NZHC 2620
    Court
    High Court

    The application to stay parts of the summary judgment was dismissed: NZBORA rights and the right to silence are important but do not automatically override a private plaintiff’s right to timely civil relief; the likely prejudice to the plaintiffs from delay outweighed the defendant's asserted risk of real injustice because any disclosure by the defendant would be exculpatory in nature or mostly timing-related and police statements of witnesses had already been or would be disclosed, so the risk was predominantly tactical rather than producing real unfairness to the criminal trial.

  • 31 Mar 2006

    GIBSON V FISHER HC AK CIV 2005-404-006871

    Citation
    openlaw-a68228ee_3271_4742_ad35_960edc14c22c.pdf
    Court
    High Court

    Threshold for security under r 60 was established (plaintiff impecunious and resident abroad); on merits the claim had little or no apparent merit because defendant had ceased acting before the adverse outcomes and causation between defendant's conduct and plaintiff's impecuniosity was not made out; balancing favoured defendant; security for costs ordered in the sum of NZD 15,000 staged to completion of discovery and proceeding stayed until paid, with leave to revisit security and costs to defendant for the application.