New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Leave after close of pleadings

Legal area

Court

3 Dec 2020

POWELL v K2 INVESTMENT GROUP LTD [2020] NZHC 3181

Citation

[2020] NZHC 3181
Court

High Court

Leave under r 7.7 was refused because defendants failed to satisfy the three statutory hurdles: they did not show it was in the interests of justice to grant leave, they failed to explain or justify the inordinate delay and risk of prejudice, and granting leave would likely cause significant delay and disruption to trial preparation; additionally the application was poorly conceived (seeking an excessive, retrospective style security) and defendants had long been aware of the plaintiff's financial position, so the balance of convenience and discretionary factors did not favour granting leave.
26 Jul 2019

NZ IRON SANDS HOLDINGS LTD v TOWARD INDUSTRIES LTD [2019] NZHC 1789

Citation

[2019] NZHC 1789
Court

High Court

Grant security for costs in the sums sought by the defendants subject to one expert‑fee adjustment for Taharoa; order security paid to the Registrar within 10 working days or the proceeding stayed; grant leave to compel interrogatories and order Toward to answer and verify those interrogatories by affidavit by 23 August 2019, because NZIS is a non‑trading special purpose vehicle, the defendants established reason to believe NZIS cannot meet adverse costs, and in all the circumstances ordering full security is just and the interrogatories are necessary and not unduly prejudicial or delaying.