New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Insolvency risk
  • 21 May 2007

    SOPAC HOLDINGS LIMITED V MONK HC AK CIV 2006-404-007031

    Citation
    openlaw-43c56a50_1436_4de8_a708_86296d571585.pdf
    Court
    High Court

    The Court found the defendant discharged the evidential onus of demonstrating a real risk the plaintiff company could not meet a costs award given lack of company financial disclosure, the director/shareholder's uncertain finances and history; exercising its discretion the Court ordered staged security for costs totalling $12,500 payable to the Registrar, and ordered the plaintiff to pay costs of the application on a 2B basis.