20 Aug 2013
JOSEPH v MINISTER OF INTERNAL AFFAIRS [2013] NZHC 2107
- Citation
- [2013] NZHC 2107
- Court
- High Court
The Court held that, for the purposes of r 5.45, the plaintiff is currently resident out of New Zealand and there is reason to believe he would be unable to pay the defendant's costs; however, in the exercise of its discretion the Court declined to order security for costs because the claim was not manifestly unmeritorious, the circumstances were unusual, access to justice outweighed the risk of non‑recoverable costs, and it was desirable that the substantive issues be determined by the Court.