Published 29 November 2016
Application for security for costs — application for costs — application for discovery — Family Protection Act 1955 — Family Courts Rules 2002, rr 207 and 207B — Ormsby v Ormsby [2015] NZHC 641 — District Courts Rules 2014, r 5.48 — McLachlan Limited v MEL Network Ltd (2002) 16 PRNZ 747 (CA) — Ayres v Lexis Nexis New Zealand [2015] NZHC 1348. The respondent was awarded $2015 costs pursuant to r 207 of the FCR. The respondent had been put to unnecessary expense by the applicants who had made a discovery application and withdrawn it without notice. Rule 207 provides costs are at the discretion of the Court. The Judge noted that cases made it clear costs must be fixed on a principled basis but “Ormsby” shows guidance should be sought through scale costs. The respondent sought security for costs because of the applicant’s failure to pay costs previously. The application for security for costs under s 207B of the FCR was declined. The respondent had failed to establish there were reasonable grounds for the Court to infer that the applicants could not pay as they each had equity in property (“McLachlan” and “Ayres”). Judgment Date: 10 May 2016.
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