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Jindal v OM Financial Ltd [2020] NZDC 2162

Published 10 January 2024

Damages — security for costs — costs — financial investment — conflict of interest — Lawyers: Conduct and Client Care Rules 2008, r 13.9. The applicant claimed damages for trading losses. There were two applications. The applicant sought to disqualify a law firm from acting for the respondent, while the respondent sought for security for costs. For the first application, the applicant was concerned that there was a possibility that relevant documents that were harmful to the respondent might not be discovered. There was no evidence that the firm had failed to comply with discovery rules, and the application was dismissed. For the second application, the applicant claimed he did not have the funds to pay the costs. The respondent calculated the anticipated costs to be $42,000. The Court ruled that 50 per cent ($21,000) of the total amount calculated should be paid by the applicant. Judgment Date: 12 February 2020

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