CJ DUDFIELD V K KROGH HC WN CIV-2010-485-2173

CJ DUDFIELD V K KROGH HC WN CIV-2010-485-2173

Where a judgment creditor faces detailed and active opposition to a bankruptcy adjudication application, the court may award costs in addition to Third Schedule items for discrete additional work; here the court awarded $1,690 for a reply affidavit ($750) and a half-day appearance ($940) and disallowed separate claims for a morning appearance and preparation as subsumed by the Item 19 hearing allowance.

Citation
openlaw-b59514dc_3dd8_4cf9_adb2_adc262ec7530.pdf
Parties
Judgment Creditor: Christopher John Dudfield; Judgment Debtor: Karen Krogh
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 June 2011
Procedural Posture
Bankruptcy / Costs Judgment (judgment as to Costs)
Outcome
Further costs awarded to judgment creditor against judgment debtor in the sum of $1,690.00; other additional costs claimed disallowed; underlying adjudication application previously dismissed following payment.
Legal Topics
Bankruptcy Application, Bankruptcy Notice, Costs Awards, High Court Rules Third Schedule, Opposition to Adjudication of Bankruptcy
Insolvency Bankruptcy Civil Procedure Costs Bankruptcy Application Bankruptcy Notice Costs Awards High Court Rules Third Schedule +1 more

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Parties

Christopher John Dudfield

Judgment Creditor

Karen Krogh

Judgment Debtor

Procedural Posture

Bankruptcy / Costs Judgment (judgment as to Costs)

Legal Issues

  1. 1 Whether Items 17-20 of the Third Schedule to the High Court Rules preclude awards of additional costs in a contested bankruptcy application
  2. 2 Whether additional costs for a reply affidavit, appearances and preparation are recoverable in these circumstances
  3. 3 Proper quantum of any additional costs award

Ratio Decidendi

Where a judgment creditor faces detailed and active opposition to a bankruptcy adjudication application, the court may award costs in addition to Third Schedule items for discrete additional work; here the court awarded $1,690 for a reply affidavit ($750) and a half-day appearance ($940) and disallowed separate claims for a morning appearance and preparation as subsumed by the Item 19 hearing allowance.

Court Disposition

Further costs awarded to judgment creditor against judgment debtor in the sum of $1,690.00; other additional costs claimed disallowed; underlying adjudication application previously dismissed following payment.

Orders

  • Judgment creditor awarded further costs of NZD 1690.00 against the judgment debtor
  • Claims for NZD 376.00 (morning appearance) and NZD 940.00 (preparation) disallowed as subsumed by existing Item 19 allowance