New Zealand Case Law

14 Jun 2022

BISCUIT CREEK FOREST LTD v VALLANCE [2022] NZHC 1400

Citation

[2022] NZHC 1400

Court

High Court

Cause of action estoppel did not apply because a non‑party costs application is supplemental to a final judgment; jurisdiction to order non‑party costs existed under Dymocks; causation was established on a 'but for' basis because Andrew funded, enabled and controlled the proceedings and would have benefited as sole shareholder; discretionary considerations therefore required Andrew to pay the costs and disbursements ordered against Biscuit Creek.

• Non‑party costs
• Jurisdiction for costs orders
• Causation (but‑for funding/control/benefit)
• Cause of action estoppel
• Security for costs
• Liquidation to avoid liability