7 Sept 2012
C R LUSCOMBE & ORS V D O'SULLIVAN & ORS HC NWP CIV 2010-443-000073
- Citation
- openlaw-9fa0f15a_be4d_449b_9d8d_4287fad56282.pdf
- Court
- High Court
The Court found the threshold test satisfied—there was reason to believe the plaintiffs could not meet a costs award—and, after weighing the merits (which tilted in favour of the defendants), the absence of evidence that impecuniosity was caused by defendants, and legal limits of s 301, it exercised its discretion to order security for costs. The Court ordered NZD 25,000 deposit as security for costs to date, stayed the plaintiffs' claim until payment, adjourned fixing further security pending the Court of Appeal outcome, and awarded costs of the application to the defendants.