19 Mar 2008
GRAHAM AND ANOR V WESTVIEW FUNERAL CARE LIMITED HC AK CIV 2006-404-6229
- Citation
- openlaw-1c89672c_5376_4813_b56e_e37eca1c4cb5.pdf
- Court
- High Court
On the balance of factors the court concluded the plaintiff was impecunious before re-entry, the plaintiff's substantive claims had weak prospects of success on the evidence of rent arrears and lease rights to re-enter and to take fixtures, delay by applicants was not egregious and security for costs should be ordered; accordingly aggregate security of NZD 35,000 was ordered by 8 April 2008, proceedings stayed until provided, joinder of the former solicitor was declined, and costs of the application were awarded to the applicants on a 2B basis with disbursements to be fixed by the Registrar.