11 Feb 2008
K-AUTO TRADING (NZ) LIMITED V MCGUIRE HC AK CIV 2006-404-006784
- Citation
- openlaw-3f03bba0_3883_4d37_b434_819e1fde4037.pdf
- Court
- High Court
Application to set aside or vary the consent order was dismissed: plaintiff's inability to borrow $10,000 did not amount to a significant change or new fact; plaintiff was insolvent when consenting and therefore rule 60(1)(b) justified an order for security for costs; balancing the prospects and the risk that defendant would be unable to recover costs, the court refused to relieve the plaintiff from the consent security requirement.