18 Jul 2016
REID v CASTLETON-REID [2016] NZHC 1609
- Citation
- [2016] NZHC 1609
- Court
- High Court
Because the plaintiff had been granted legal aid, s45 Legal Services Act 2011 required exceptional circumstances to permit a costs order against him; although jurisdiction under r5.45 existed (plaintiff resides overseas and is impecunious), the plaintiff's claim was not so hopeless nor was his conduct shown to be exceptional under s45(3), so security for costs was not justified and the defendant's application was dismissed.