25 Jan 2016
MAWHINNEY v ENVIRONMENT COURT [2016] NZHC 20
- Citation
- [2016] NZHC 20
- Court
- High Court
There was a strong evidential basis to conclude the applicant (in his trustee capacity) would be unable to meet an award of costs if unsuccessful because the Trust's only material asset (the property) has intermingled and remote equity, multiple prior and competing charges and debts, a history of failing to pay orders and apparent restructuring to defeat creditors; accordingly security for costs of NZD 22,500 was justified and the proceedings were stayed pending payment.