5 Nov 2019
TYRION HOLDINGS LTD v INFRASTRUCTURE NZ LTD [2019] NZHC 2864
- Citation
- [2019] NZHC 2864
- Court
- High Court
Non‑party costs awarded because the non‑parties acquired shareholdings and injected capital solely to promote litigation from which they stood to obtain a personal financial benefit, created the causative link enabling litigation that otherwise could not proceed while Tyrion had no liquid assets, and in all the circumstances it was fair to treat them as the real parties and hold them jointly and severally liable for the previously awarded costs; stay refused as unjustified given delay and opportunity to realise assets earlier.