13 Oct 2022
STRANGE v DUNN [2022] NZHC 2648
- Citation
- [2022] NZHC 2648
- Court
- High Court
The application for security for costs was dismissed because, although the r 5.45 threshold (plaintiff resident abroad) was met, the court balanced factors including plaintiff's likely eventual ability to satisfy a costs award, the arguable merits of the plaintiff's two limbs (uncertainty of the half‑secret trust in relation to grandchildren and grounds for removal of the executor), the risk that security would prevent prosecution of an arguable claim, and that the defendant could have sought early court approval of the trust/administration; on balance it was not just to order security.