New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Quantification of security

Legal area

Court

31 Jul 2020

BALLANTYNE TRUSTEES LTD v HFK LTD [2020] NZHC 1911

Citation

[2020] NZHC 1911
Court

High Court

The application for a second tranche was not premature; however, the defendants failed to provide sufficient reliable evidence to secure expert fees or additional interlocutory case management costs, so the court exercised its discretion to order a limited second tranche of $25,000 payable within 10 working days of the case being set down for hearing, covering costs from setting down to the pre-trial conference, with leave reserved to apply for further security for expert and counsel fees; failure to provide security will result in a stay.
18 Jul 2014

LWR DURHAM PROPERTIES LIMITED (IN RECEIVERSHIP) v VERO INSURANCE NEW ZEALAND LIMITED [2014] NZHC 1688

Citation

[2014] NZHC 1688
Court

High Court

Security for costs was ordered because the plaintiff (in receivership) conceded inability to demonstrate capacity to pay costs if unsuccessful and the statutory threshold was met; on quantification the Court exercised broad discretion to allow scale costs of $118,206 and an aggregate allowance of $200,000 for expert witnesses, totalling $318,206, with staged payment (first tranche $108,606 within 21 days and remaining $209,600 payable on the case being set down for trial); the application for further and better particulars was dismissed because the pleaded particulars together with the plaint…