High Court Wellington
16 December 1985; 21 February 1986
Henry J
16 December 1985; 21 February 1986
Henry J
Arbitration — Security for costs — Dispute to be settled by arbitration in accordance with New Zealand law and the Rules of Conciliation and Arbitration of the International Chamber of Commerce 1975 — Claim made by a defunct New Zealand company and a counterclaim by two overseas companies operating together in New Zealand as a joint venture — Overseas companies had substantial assets and registered places of business in New Zealand — New Zealand company was unlikely to be able to pay the joint venture's costs if latter was successful — Whether joint venture was entitled to security for costs — Whether New Zealand company was entitled to security for costs — Quantum of any award — Arbitration Amendment Act 1938, s 10(1) — Companies Act 1955, s 467 — Code of Civil Procedure, RR 577 and 577A.
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