New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Party costs assessment
  • 22 Feb 2013

    PERRIAM V WILKES & ORS HC AK CIV-2009-425-284

    Citation
    openlaw-66d415cf_7267_48af_a3bb_4ac232646cc2.pdf
    Court
    High Court

    The review application under s 26P is an interlocutory proceeding for the purposes of the High Court Rules so r 5.45 jurisdiction applies; on the material before the Court the plaintiff is likely unable to meet a reasonable costs award for the review and there is no clear basis to conclude her impecuniosity was caused by the defendants; balancing the parties' interests the Court exercised its discretion to order security for costs of $10,000 payable by specified date, with an unless order staying the proceeding if security is not paid.