8 May 2018
TOMANOVICH HOLDINGS LTD v GIBBSTON COMMUNITY WATER COMPANY 2014 LTD [2018] NZHC 990
- Citation
- [2018] NZHC 990
- Court
- High Court
Strike out dismissed: court found defendant did not meet the heavy onus to show the proceeding was an abuse of process despite concerns about delay, inconsistent prior valuations and Mr Henderson's conduct; however, security for costs was ordered because plaintiff is impecunious, the claim has limited quantum relative to anticipated interlocutory expense, and it is just to protect the defendant. The proceeding is stayed until further ordered security is provided and directions issued on quantum.