22 Dec 2022
BALL v SAINT [2022] NZHC 3607
- Citation
- [2022] NZHC 3607
- Court
- High Court
Leave was declined because the judge was not satisfied there were reasons to believe the first defendant would be unable to pay costs given an unencumbered property of about $1.35m and representations that she funds the litigation; the possibility of relief from costs under In re Paterson and the impropriety of a mid‑trial merits assessment weighed against granting leave; costs consequences are better determined after trial outcome is known.