4 May 2018
OXYGEN AIR LIMITED v LG ELECTRONICS AUSTRALIA PTY LIMITED [2018] NZHC 945
- Citation
- [2018] NZHC 945
- Court
- High Court
Having found the plaintiff incapable of meeting a costs order, and given the plaintiff company is effectively the sole nominee of its sole director/shareholder, the court exercised discretion to order a director's binding personal undertaking to pay any costs awarded against the plaintiff on its claim (excluding costs solely relating to the plaintiff's defence of the defendant's counterclaim) as an appropriate, non-oppressive form of security consistent with the director's s136 Companies Act duty; funds into court and a stay were unnecessary and would impede the plaintiff's access to court.