24 May 2007
MCCRACKEN V BURT HC AK CIV 2006-404-006027
- Citation
- openlaw-bcb46c0b_2f56_4a58_9790_5e7f1bcbdec8.pdf
- Court
- High Court
Defendant is resident outside New Zealand and the evidence raised a real reason to believe he may be unable to meet the plaintiffs' costs given the paucity of clear, readily realisable New Zealand assets under his direct control; the counterclaim goes beyond being merely a defence and is a distinct, broad claim with significant alleged loss, so the Court properly exercised its discretion under r 60 to order security; the appropriate quantum of security balancing access to justice and plaintiffs' protection is $40,000, to be paid or secured and the proceeding stayed until compliance, with leav…