New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Review of interlocutory order

Legal area

Court

5 May 2016

ROBINSON v WHANGAREI HEADS ENTERPRISES LIMITED [2016] NZHC 891

Citation

[2016] NZHC 891
Court

High Court

The applications were dismissed because the plaintiff failed to show a significant improvement in financial position since discharge from bankruptcy or a material improvement in the merits of his claims; the security for costs order should remain to protect defendants given the plaintiff's continuing credit risk, slim prospects on the tort claims (reinforced by his conviction), and the contractual claim is unconventional and exposes defendants to costs; the discovery sought was not relevant to the pleaded causes of action and therefore not ordered.
16 Nov 2010

N-TECH LIMITED AND ANOR V ABOOTH LIMITED (IN REC.) AND ANOR HC AK CIV-2006-404-003362

Citation

openlaw-af45d625_7616_4f80_895d_ea96623751ee.pdf
Court

High Court

The Court allowed a limited review of Judge Abbott's security order because category 3 was the appropriate costs category; recalculated security using Judge Abbott's methodology updated to category 3 and current daily rates and ordered plaintiffs to provide additional security to top up to $140,394 for completion of discovery (inspection) and further security to trial of $795,358, but held the Court has no jurisdiction to require security for costs a defendant might owe to third parties and treated affirmative defences as a discretionary factor in fixing quantum rather than a bar to ordering…