22 Apr 2016
D A JAQUES v V R MAIN and T C HODGSON [2016] NZHC 779
- Citation
- [2016] NZHC 779
- Court
- High Court
Given the plaintiff's lack of accessible cash, the reliance on unproven trust interests and equivocal trustee/wife undertakings, his bankruptcy history, the weak prospects on substantial contract damages, and absence of credible evidence he can meet costs, the Court inferred a real risk he would be unable to pay defendants' costs and ordered security of $30,000 to be paid into Court and stayed the proceeding until payment; leave reserved to seek further security when trial costs can be assessed.