New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of costs overseas

Legal area

Court

2 Nov 2022

CONRAD v THOMSON [2022] NZHC 2845

Citation

[2022] NZHC 2845
Court

High Court

Threshold under r5.45(1)(a)(i) was met because the applicant resides in Queensland; the Court exercised its discretion under r5.45(2) because the applicant provided no current financial information, there was long delay in asserting the claim, and the respondent's advanced age and limited income justified protection; security was fixed at $10,000 and proceedings stayed until payment.
11 Nov 2020

MILLINIUM CAPITAL MANAGERS LIMITED v SOMA GROUP LIMITED [2020] NZHC 2967 [11 November 2020]

Citation

[2020] NZHC 2967
Court

High Court

The plaintiff's prompt offer of $10,000 security, excluding sunk costs and reflecting a realistic 2B scale assessment for the anticipated hearing, was reasonable; defendants' failure to seek or negotiate security before filing the application and to account for sunk costs disentitled them to a larger award, therefore security is fixed at $10,000 to be held by plaintiff's solicitors and defendants must pay plaintiff's costs on a 2B basis.