31 May 2012
SUN & ORS V PENINSULA ROAD LTD & ORS HC AK CIV 2011-404-7991
- Citation
- openlaw-cb78c147_0d6b_42e9_ace5_3524d3a3eb39.pdf
- Court
- High Court
The plaintiffs' statutory and Fair Trading claims were held arguable but not strong; because most plaintiffs are resident overseas and enforcement of undertakings abroad would be costly and uncertain, the court ordered security for costs and security to support the plaintiffs' undertakings. Practical quantum was fixed: security for costs of $3,500 per plaintiff (excluding plaintiffs 10, 36, 53, 57, 64, 80 and 90 who hold NZ real estate) until setting‑down; security to support undertakings equal to 24% of the deposit held for each plaintiff (excluding plaintiffs 10, 36, 53, 57, 58, 64, 80 and…