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.