8 Apr 2019
MIAH v AMP LIFE LIMITED [2019] NZHC 750
- Citation
- [2019] NZHC 750
- Court
- High Court
The Court was satisfied defendant had established the 'reason to believe' threshold for security for costs because plaintiff's past bankruptcy, lack of identifiable personal assets, land held by a company (limiting direct execution remedies), potential overseas connections and the protracted uncertainty over title to sue made enforcement of a costs order doubtful; however, rather than ordering monetary security, the Court ordered a stay of execution of existing costs awards in favour of the plaintiff and made no further orders on the security for costs application.