New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Levy on members

Legal area

Court

4 Sept 2015

SIMISTER v TAURANGA CRUISE TOURISM OPERATORS ASSOCIATION INCORPORATED [2015] NZHC 2133

Citation

[2015] NZHC 2133
Court

High Court

An order for costs was appropriate because the defendant's decisions were quashed for breach of natural justice and the plaintiff succeeded on review; however the defendant's limited means and prospect of liquidation required moderation of quantum. The 2 February 2015 letter did not operate as a formal offer under the Rules. Having weighed these factors the Court fixed costs at $10,000 plus court filing and hearing fees, and ordered the plaintiff be excluded from any member levy to meet payment.
21 Mar 2011

QUEENSTOWN COMMUNITY STRATEGIC ASSETS GROUP TRUSTEE LIMITED V QUEENSTOWN LAKES DISTRICT COUNCIL HC CHCH CIV 2010-425-000396

Citation

openlaw-e926717f_1360_4306_8ad2_9a3ec93180b8.pdf
Court

High Court

Although the r 5.45 threshold (reason to believe plaintiff unable to pay) was not satisfied, the court exercised its power under rr 1.6 and 1.2 to order security for costs because the plaintiff was adequately funded by substantial members and could levy those members; public interest status did not warrant a discount where the litigant was not impecunious.