New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

De facto trustee
  • 5 May 2023

    ECKHOFF v ORBELL [2023] NZHC 1068

    Citation
    [2023] NZHC 1068
    Court
    High Court

    The Court found the r 5.45(1)(b) threshold satisfied because the plaintiff disclosed only a half interest in an unencumbered property worth circa NZD 935,000 and likely adverse costs would exceed her available assets and take into account plaintiff's own expected costs; exercising its discretion the Court ordered security in the global sum of NZD 300,000 (NZD 250,000 for defendants' costs plus NZD 50,000 for experts) to be provided within 28 days, capable of being secured by a first registered mortgage over the plaintiff's interest in the Braeview Crescent property; no stay ordered but leave…