9 Nov 2016
DK KELSEY LIMITED v MATAKANA 2008 LIMITED [2016] NZHC 2634
- Citation
- [2016] NZHC 2634
- Court
- High Court
Security for costs was ordered because there was reason to believe the plaintiff would be unable to pay defendants' costs and the defendants face a real risk of a barren costs order given the Brandts' residence in South Africa, refusal to guarantee costs and the company's non‑compliance with Companies Act requirements. Balancing the competing considerations, the court fixed security at NZD 22,000 to be paid into court, allowed the plaintiff to use funds held in its solicitors' trust account for that purpose, stayed the proceeding until the security was paid and the company had appointed a NZ…