New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Third party funding

Legal area

Court

8 Feb 2011

BC 169791 V AUCKLAND CITY COUNCIL HC AK CIV-2004-404-005225

Citation

openlaw-0c8a4a50_a04a_4b64_b7f9_b7cee3397eea.pdf
Court

High Court

The stay was dismissed because the appeal had limited prospects of success, had not been pursued vigorously, only one fourth defendant appealed and assigned rights to a third party, and the balance of convenience did not favor a stay that would prejudice the plaintiffs; however the court declined to strike-out immediately and instead made an unless order requiring payment of the fixed costs by a deadline or the defence would be struck out, exercising discretion under r7.48 to impose a proportionate sanction.
22 Oct 2009

CHAS AMBROSE V AMANDA PICKARD AND ANOR CA CA548/2009

Citation

openlaw-cfe7a843_e48d_4303_a752_e32612c396e2.pdf
Court

Court of Appeal

Appeal allowed in relation to discovery because plaintiffs subsequently provided an appropriate authority for release of medical and ACC records covering the relevant period (1986-1993), rendering further orders unnecessary and warranting setting aside the High Court costs order; appeal against ordering security for costs dismissed because on assessment the claim was not so weak as to justify substantial security that would likely prevent trial and plaintiffs' conduct, while problematic, did not justify departing from ordinary security principles.