14 Mar 2016
NICON LIMITED v TOWER INSURANCE LIMITED [2016] NZCA 66
- Citation
- (2016) 23 PRNZ 135
- Court
- Court of Appeal
On an interlocutory application the court may admit commercial hearsay or rely on evidence admissible under s18 Evidence Act where circumstances provide reasonable assurance of reliability and the maker is unavailable; applying that standard, respondents established reason to believe Nicon would be unable to pay because its sole director resided overseas, the company appeared to have ceased trading and had limited depreciated assets and the director failed to provide affidavit, so the High Court's security for costs order was justified and the appeal was dismissed.