New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Penal clauses
  • 24 Aug 2016

    JAQUES v MAIN [2016] NZHC 1978

    Citation
    [2016] NZHC 1978
    Court
    High Court

    Defendants adduced sufficient evidence (equivocal trust assurances, incomplete financial disclosure, historic bankruptcy and business failures) to establish a reasonable belief under r 5.45(1)(b) that the plaintiff might be unable to meet an adverse costs award; an adverse inference from the plaintiff's refusal to provide financial particulars was justified; the Associate Judge's exercise of discretion in ordering $30,000 security was not plainly wrong and was within the Court's broad discretion, therefore the review is declined and the Associate Judge's interlocutory orders stand.