11 Feb 2008
K-AUTO TRADING (NZ) LTD V JEREMY MCGUIRE HC AK CIV 2006-404-006784
- Citation
- openlaw-b893c8a4_958c_4a3d_8475_7ecaceea28b3.pdf
- Court
- High Court
The application to set aside or vary the consent order was dismissed because the plaintiff's inability to borrow was not a significant change or new fact given the plaintiff's known insolvency when consenting, and because rule 60(1)(b) and the exercise of the Court's discretion required security for costs to protect the defendant from unrecoverable costs; the balance favoured maintaining the security order.