19 Apr 2016
BURDEN v DIXIE CUMMINGS NZ LTD [2016] NZHC 729
- Citation
- [2016] NZHC 729
- Court
- High Court
Security for costs was ordered because plaintiffs were resident overseas, the evidence indicated an unwillingness to pay (including an unpaid Irish costs order) and enforcement against overseas entities raised practical difficulties; having found prima facie merits but not sufficient to displace security, the Court exercised its discretion to order staged security of NZD 75,000 for the copyright proceeding and NZD 50,000 for the trade mark proceeding, with non-payment resulting in a stay of the relevant proceeding and costs to the applicant on a 2B basis.