20 Sept 2013
WATERHOUSE v CONTRACTORS BONDING LTD [2013] NZSC 89 * Chambers J died before this judgment was delivered. The remaining Judges have decided under s 30(1) of the Supreme Court Act 2003 to continue the proceeding to judgment.
- Citation
- [2013] NZSC 89
- Court
- Supreme Court
Where proceedings are commenced funded by a third‑party litigation funder with no prior interest and whose remuneration ties to success and/or who can exercise control, litigants must disclose the funder's identity and amenability to New Zealand jurisdiction at commencement; financial standing and withdrawal terms need not be disclosed routinely; the funding agreement must be disclosed (with redactions for privilege and commercially sensitive litigation material) where its terms are genuinely relevant to an application for a stay on abuse of process, security for costs or third‑party costs; a…