25 Sept 2018
OXYGEN AIR LTD v LG ELECTRONICS AUSTRALIA PTY LTD [2018] NZHC 2504
- Citation
- [2018] NZAR 1699
- Court
- High Court
Order requiring non‑party director to give a personal undertaking quashed because r5.45 authorises security only against the named plaintiff and the judge lacked jurisdiction to require a non‑party to give security; separate corporate personality cannot be bypassed by reference to s136; nevertheless security for costs was justified and a conventional monetary security of NZD 65,000 was ordered to be paid by the plaintiff by 12 October 2018 with leave reserved to defendant to apply for a stay if unpaid.