5 May 2023
ECKHOFF v ORBELL [2023] NZHC 1068
- Citation
- [2023] NZHC 1068
- Court
- High Court
The Court found the r 5.45(1)(b) threshold satisfied because the plaintiff disclosed only a half interest in an unencumbered property worth circa NZD 935,000 and likely adverse costs would exceed her available assets and take into account plaintiff's own expected costs; exercising its discretion the Court ordered security in the global sum of NZD 300,000 (NZD 250,000 for defendants' costs plus NZD 50,000 for experts) to be provided within 28 days, capable of being secured by a first registered mortgage over the plaintiff's interest in the Braeview Crescent property; no stay ordered but leave…