N TEMPLETON AND S WHITTAKER V VC MCCARTHY HC WN CIV-2005-485-1958

N TEMPLETON AND S WHITTAKER V VC MCCARTHY HC WN CIV-2005-485-1958

The court awarded the costs and disbursements of obtaining the charging order to the judgment creditors because obtaining the charging order was an essential and appropriate enforcement step required to meaningfully resolve the substantive and bankruptcy proceedings; costs fixed at Category 2B ($650.00) and disbursements at $948.18, with interest under s 87 of the Judicature Act 1908 from the date of the order until payment.

Citation
openlaw-012fd0f8_d061_4954_abb2_2c71fda82e97.pdf
Parties
Petitioner: Noel Templeton; Petitioner: Sue Whittaker; Debtor: Vivienne Carol McCarthy
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 July 2009
Procedural Posture
Bankruptcy (insolvency Act 1967) / Costs Determination Following Judgment
Outcome
Costs and disbursements of the charging order awarded to the judgment creditors; interest awarded under s 87 Judicature Act 1908
Legal Topics
Charging Order, Costs, Disbursements, Interest (judicature Act), Bankruptcy Proceedings
Insolvency Civil Procedure Enforcement Charging Order Costs Disbursements Interest (judicature Act) Bankruptcy Proceedings

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Parties

Noel Templeton

Petitioner

Sue Whittaker

Petitioner

Vivienne Carol McCarthy

Debtor

Procedural Posture

Bankruptcy (insolvency Act 1967) / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether costs and disbursements of obtaining a charging order are recoverable by judgment creditors
  2. 2 Appropriate quantum of costs for the charging order
  3. 3 Whether the charging order was a necessary enforcement step

Ratio Decidendi

The court awarded the costs and disbursements of obtaining the charging order to the judgment creditors because obtaining the charging order was an essential and appropriate enforcement step required to meaningfully resolve the substantive and bankruptcy proceedings; costs fixed at Category 2B ($650.00) and disbursements at $948.18, with interest under s 87 of the Judicature Act 1908 from the date of the order until payment.

Court Disposition

Costs and disbursements of the charging order awarded to the judgment creditors; interest awarded under s 87 Judicature Act 1908

Orders

  • Judgment debtor Vivienne Carol McCarthy to pay judgment creditors costs for the charging order of $650.00
  • Judgment debtor Vivienne Carol McCarthy to pay judgment creditors disbursements totalling $948.18 as set out in memorandum dated 10 April 2009