New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal advice
  • 25 Oct 2017

    TAYLOR v WYNN WILLIAMS [2017] NZHC 2598

    Citation
    [2017] NZHC 2598
    Court
    High Court

    Threshold under r 5.45(1) was satisfied. On balancing discretionary factors the Court formed an overall impression that the Taylors' claim, while facing considerable difficulties, was not prima facie unmeritorious and that ordering full security would likely deprive them of access to justice; however the defendant would incur substantial unrecoverable costs if no security were ordered. The Court therefore ordered a modest security amount of NZD 15,000, with NZD 6,888.17 retained by the defendant immediately and the balance payable by monthly instalments, and reserved the right to seek review…