New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delay in interlocutory applications

Legal area

Court

19 Mar 2013

JO V JOHNSTON HC CHCH CIV-2009-409-000741

Citation

openlaw-f4b26a0f_0090_4293_89fd_7960d37a3801.pdf
Court

High Court

Adopting Whata J's findings on the plaintiffs' weak New Zealand asset position and the plaintiffs' evasive disclosure, and finding the second defendant's application was timely once relevant information emerged, it is just in all the circumstances to order security for prospective costs. $40,000 is a realistic quantum to cover preparation and trial disbursements for the six-day trial; ordering security including interlocutory costs ($3,300) to a total of $43,300, with reduction to $40,000 if costs are paid, and a stay if security is not provided within the prescribed time, is proportionate an…
28 Nov 2012

COOTE V MURRAY HC NEL CIV-2011-442-000122

Citation

openlaw-0ed29dfe_2801_4f07_84f5_398c37b23025.pdf
Court

High Court

The application was dismissed because it was grossly and unjustifiably delayed given security had been identified and dealt with earlier in the proceeding; the applicant failed to explain the delay or show it could not reasonably have applied earlier, and granting security at this late stage would prejudice the plaintiffs and disrupt imminent trial preparation. The Rabobank proceeding did not justify the lateness. Accordingly discretion under r 5.45 was exercised to refuse security and to award costs against the applicant with a 25% uplift on a 2B scale.