14 Mar 2006
WAIMATE INVESTMENTS LIMITED (IN LIQUIDATION) AND ANOR V O'DEA HC NWP CIV-2003-443-000045
- Citation
- openlaw-4c6387bf_6ae7_48d8_a351_c03b1f406aea.pdf
- Court
- High Court
Because costs in the prior High Court proceeding had not been fixed there was no stay under r 476 and the court would not fix those costs on the present interlocutory application without further information; the High Court had no jurisdiction to fix District Court costs; balancing the factors relevant to security for costs (probable inability to pay, bona fides of the liquidators, public interest and prejudice to the defendant) led to refusal of the security for costs application.