1 Jul 2022
The lawyer in person exception does not extend to an admitted lawyer who is not entitled to practise (lacking a practising certificate); therefore the applicant is not entitled to an award of costs, although disbursements are recoverable, and no exceptional circumstances were shown to justify departing from the primary rule.
3 Aug 2021
The appeal is struck out under HCR 7.48 because the appellants persistently failed to comply with the interlocutory costs order, failed to engage with the Court and did not attend the case management conference; the prior costs judgment of $8,194.15 remains payable by the appellants.
2 Jul 2019
The Court held r 7.48 furnished jurisdiction to enforce the Interim Payment Order; Mr van Heeren was a party in default for failing to pay USD 25 million despite unsuccessful variation/stay and appeal attempts; contemporaneous OIO documentation and surrounding evidence established Saraceno holds the Worldwide Leisure shares as bare trustee for van Heeren; equity and the Court's powers enabled appointment of receivers over those shares to realise partnership assets (Huka Lodge and if necessary Dolphin Island) to raise USD 25 million to be paid into the High Court; orders were stayed for 30 day…