New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial discretion on quantum of security

Legal area

Court

27 Jun 2022

MCNAUGHTON v MILLER [2022] NZCA 273

Citation

[2022] NZCA 273
Court

Court of Appeal

Leave to appeal was refused because the applicant failed to identify any seriously arguable error of law or fact in the Judge's exercise of discretion over the quantum of security for costs; the applicant had effectively conceded security was appropriate; the merits could not be properly investigated at interlocutory stage; and the interests of justice did not justify granting leave.
9 Mar 2007

GIBSON V FISHER CA CA79/06

Citation

openlaw-62e3f6a5_75ff_4184_9f79_675225442eed.pdf
Court

Court of Appeal

Although the applicant's delay was short and caused no demonstrable prejudice, the proposed appeal had no realistic prospect of success because Venning J had an evidential basis for his findings and did not act on any wrong principle; therefore leave to appeal out of time was properly refused and the security-for-costs order stands.