11 Apr 2019
BAY OF PLENTY PHARMACY SERVICES LIMITED v CHEMWORKS LIMITED [2019] NZHC 785 [11 April 2019]
- Citation
- [2019] NZHC 785
- Court
- High Court
The defendant failed to establish the jurisdictional threshold under r 5.45(1): the expert analysis tendered was incomplete and insufficiently reliable, material favourable facts (BPPSL's group scale, bank funding, profitability and readily realisable current assets) undermined the inference that BPPSL would be unable to pay costs, and therefore security for costs was not justified; the application was dismissed.