24 Mar 2010
AK APATU AND WE MAUGER V KTT APATU AS EXECUTOR OF THE ESTATE OF WIRIHANA TIPENE APATU AND ANOR HC NAP CIV-2007-441-823
- Citation
- openlaw-352d83cf_b890_45a6_ad60_e5bcbf5152f8.pdf
- Court
- High Court
The application for security for costs was declined because, on balance, denying plaintiffs access to the Court at this late stage would be unjust: the impecuniosity threshold and realisability of Maori land interests were not definitively resolved and the plaintiffs' claims were not shown to be so weak as to warrant preventing trial; delay by defendants in bringing the application weighed in plaintiffs' favour and there was insufficient persuasive evidence that defendants caused the plaintiffs' impecuniosity to justify security.
- Security for costs
- Impecuniosity
- Limitation periods
- Breach of fiduciary duty
- Accounting by executors
- Marketability of maori land interests