JSR Group Limited v Adava Holdings Pty Limited [2018] NZHC 2681 (17 October 2018)

Last Updated: 7 December 2018

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-002152 [2018] NZHC 2681

BETWEEN	JSR GROUP LIMITED First Plaintiff FABRI-CELL INTERNATIONAL LIMITED (In liquidation and receivership) Second Plaintiff BIMLESH RAM Third Plaintiff ASHKA KANT Fourth Plaintiff
AND	ADAVA HOLDINGS PTY LIMITED First Defendant Continued on next page

Hearing:	(On the papers)
Counsel:	First, Third and Fourth Plaintiffs in Person Anthony Johnson for the First to Third Defendants
Judgment:	17 October 2018

_{[COSTS] JUDGMENT OF MOORE J}

RECALLED AND RE-ISSUED ON 6 NOVEMBER 2018

This judgment was delivered by me on 17 October 2018 at 3:30 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

_Date:

JSR GROUP LIMITED & ORS v ADAVA HOLDINGS PTY LIMITED & ORS [2018] NZHC 2681 [17 October

2018]

TRUDI PTY LIMITED Second Defendant

AVON COOK Third Defendant

MARIO QUITANEG MOLERA (Discontinued)

Fourth Defendant

[1] On 28 August 2018 I issued a Minute regarding the defendants’ application for security for costs.

[2] I was satisfied, in terms of r 5.45(1)(b) of the High Court Rules 2016, there was reason to believe the plaintiffs will be unable to pay the costs of the defendants if unsuccessful in their claim, and that it was just in all circumstances to make an order for security for costs in the sum of $34,000. The reasons for that conclusion are found in that Minute and the affidavit of Mr Cook which was filed in support of the application.

[3] However before ordering the plaintiffs to pay security for costs I granted the plaintiffs 15 working days within which to file a notice of opposition and any evidence in support. I also required the defendants to provide evidence of the steps they have taken to attempt to bring the application, together with a copy of my Minute, to the attention of the plaintiffs.

[4] The defendants now ask that I make final orders requiring the payment of security for costs. The period for filing granted to the plaintiffs has now expired, and no notice of opposition has been filed.

[5] Moreover the defendants have provided evidence, in the form of an email attached to a memorandum of counsel, that the application for security for costs and my Minute were brought to the attention of the plaintiffs.

[6] Based on the foregoing, I am satisfied it is now appropriate to make orders in terms of r 5.45(3)(a)(i) requiring the plaintiffs to by the sum of $34,000 into court as security for costs.

[7] The defendants also ask that the court order that this sum be paid into court within 15 working days, following which the plaintiffs’ claim will be struck out. The more appropriate order is that provided in r 5.45(3)(b); staying the plaintiffs’ claim until the sum is paid. That order customarily accompanies orders for security for costs.

[8] For the avoidance of doubt, that stay order does not include the defendants’

counterclaim.

Orders

[9] The plaintiffs must pay the sum of $34,000 into court as security for costs.

_{[10] The plaintiffs’ claim is stayed until that sum is paid.}

Moore J

Solicitors/Counsel:

Mr Johnson, Auckland

Copy to:

Mr Ram, Auckland