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Bure v Credit Union South [2019] NZDC 11525

Published 27 August 2019

Costs — security for costs — Financial Services Complaints Ltd — FSCL — amicus — District Court Act 2016, s 107. The plaintiff had failed to fund loan repayments on a car purchase and was declined a debt restructuring by the first defendant, the lendor (CUS). The plaintiff's step-father, on behalf of the plaintiff, filed a complaint with the Financial Services Complaints Ltd (FSCL). However the vehicle was repossessed by the defendant while that process was underway. The plaintiff subsequently sued both CUS and FSCL; FSCL subsequently unsuccessfully applied for strike-out. The plaintiff's stepfather then applied for an amicus, or standby counsel, to represent the plaintiff, given the plaintiff's step-father's poor health. The application failed, as amicus applications are only granted in exceptional circumstances, and very rarely in civil proceedings. Costs were sought by the first defendant in relation to the failed application. The Judge dismissed the costs application, as the application was filed by a non-party and was clearly sincere (and not vexatious) and the plaintiff would be unable to pay any cost orders. Judgment Date: 20 June 2019.

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