8 May 2007
WISELINE CORPORATION LTD AND ANOR V R HOCKEY IN HER CAPACITY AS EXECUTRIX OF THE ESTATE OF THE LATE RUSSELL GARLAND HOCKEY AND ANOR HC AK CIV 1999-404-000936
- Citation
- openlaw-826b59ed_8f75_4fcf_a565_ca64ab2dab50.pdf
- Court
- High Court
The judge found on the balance of probabilities that Patrick Antony Darby controlled and effectively funded the insolvent plaintiff companies, that security for costs had expired leaving no practical recovery against the companies, that causation linked Darby's conduct to the costs incurred, that the Court had jurisdiction to order costs against a non-party in these circumstances, and that in the exercise of judicial discretion it was just to order Darby personally to pay the costs awarded against Wiseline and Spaceways.