New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Stay pending security

  • 18 Feb 2019

    WHITE v JAMES HARDIE NEW ZEALAND [2019] NZHC 188

    Citation
    (2019) 24 PRNZ 493
    Court
    High Court

    The Court held that the presence of an overseas litigation funder (Harbour Fund II, L.P) engaged the Court's inherent jurisdiction and Rule 5.45 policy to require security for costs; it ordered security based on 3C scale for all attendances up to and including Stage 1 discovery and inspection to be provided by the plaintiffs and Harbour (single sum), declined disclosure of funding arrangements, made no stay, and directed quantum to be agreed or fixed by the registrar within specified timeframes.

    • Security for costs
    • Litigation funding by third parties
    • After the event insurance (ate)
    • Impecuniosity
    • Jurisdiction to order security
    • Stay pending security

  • 29 Aug 2014

    RAFIQ v THE COMMISSIONER OF THE NEW ZEALAND POLICE [2014] NZHC 2074

    Citation
    [2014] NZHC 2074
    Court
    High Court

    Given the plaintiff's adjudicated bankruptcy, impecunious status, history of serial and sometimes vexatious litigation, and that the claim's prospects of success are slim on the material, it was just to order security for costs; the Court fixed security at $5,000 as a non‑prohibitive but reasonable sum and ordered the proceeding stayed until that sum is paid into Court.

    • Security for costs
    • New zealand bill of rights act s 23(5)
    • Exemplary damages
    • Stay pending security
    • Abuse of process

  • 27 Mar 2014

    SIEMER v JUDICIAL CONDUCT COMMISSIONER [2014] NZHC 596

    Citation
    [2014] NZHC 596
    Court
    High Court

    The Court concluded both proceedings were prima facie unmeritorious (proceeding 985 fell outside the Commissioner’s jurisdiction under s 8(2); proceeding 1369 faced a very high threshold for review under s 15A), the plaintiff has a history of unpaid costs and repeated litigation, and it was appropriate to order security for costs of NZD 10,000 in each proceeding and stay each proceeding until payment.

    • Security for costs
    • Judicial review
    • Jurisdiction of judicial conduct commissioner
    • Stay pending security
    • Impecuniosity

  • 2 Oct 2008

    SIEMER & ORS V FARDELL HC AK CIV-2003-404-5782

    Citation
    openlaw-e4cc9fb1_56de_4fef_97ab_0e9a76bd35c3.pdf
    Court
    High Court

    The High Court dismissed the application for review, held the Associate Judge correctly identified and applied the legal principles under r 60, found the threshold for security for costs was met on the evidence of non-residence/asset relocation and inability to meet costs, and upheld the order that security of $100,000 be provided either by payment into Court or security to the Registrar with the proceeding stayed pending provision of that security.

    • Security for costs
    • Costs awards
    • Stay pending security
    • Threshold for non-resident plaintiffs
    • Conduct affecting costs