DE ALWIS & ORS V LUVIT FOODS INTL LTD & ORS HC AK CIV-2002-404-1944

DE ALWIS & ORS V LUVIT FOODS INTL LTD & ORS HC AK CIV-2002-404-1944

Interest was awarded in accordance with the plaintiffs' Securities Act calculation; costs were awarded to reflect substantial pre-trial preparation (partly on Band C) rather than the single day hearing, and disbursements including accounting fees were reimbursed as necessary and reasonable.

Source-derived case information.

Citation
openlaw-8facb7cd_c550_4b1c_a51f_b164bada2e30.pdf
Parties
First Plaintiff: Victor De Alwis; Second Plaintiff: M E & H V De Alwis; Third Plaintiff: John Wah Kum; Fourth Plaintiff: Connie Fay Ling Kum; Fifth Plaintiff: Marsha Adrienne Tai Ping Tan; Sixth Plaintiff: Peter Thutt Pitt Wee; Seventh Plaintiff: Paul Seng Poh Khor; First Defendant: Luvit Foods International Limited; Second Defendant: Chean Fook Seong aka James Chean; Third Defendant: Tennet International Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 November 2007
Procedural Posture
Civil (securities, Fair Trading) / Costs and Interest Determination After Judgment
Outcome
Judgment for plaintiffs; interest, costs and disbursements awarded as directed below.
Legal Topics
Interest, Costs, Disbursements, Misrepresentation, Bankruptcy, Judicature Act Interest Rates
Securities Law Consumer Protection Civil Procedure Insolvency Interest Costs Disbursements Misrepresentation +2 more

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Parties

Victor De Alwis

First Plaintiff

M E & H V De Alwis

Second Plaintiff

John Wah Kum

Third Plaintiff

Connie Fay Ling Kum

Fourth Plaintiff

Marsha Adrienne Tai Ping Tan

Fifth Plaintiff

Peter Thutt Pitt Wee

Sixth Plaintiff

Paul Seng Poh Khor

Seventh Plaintiff

Luvit Foods International Limited

First Defendant

Chean Fook Seong aka James Chean

Second Defendant

Tennet International Limited

Third Defendant

Procedural Posture

Civil (securities, Fair Trading) / Costs and Interest Determination After Judgment

Legal Issues

  1. 1 Entitlement to interest and applicable rate
  2. 2 Basis for assessment of costs after undefended hearing
  3. 3 Reimbursement of disbursements including accounting fees

Ratio Decidendi

Interest was awarded in accordance with the plaintiffs' Securities Act calculation; costs were awarded to reflect substantial pre-trial preparation (partly on Band C) rather than the single day hearing, and disbursements including accounting fees were reimbursed as necessary and reasonable.

Court Disposition

Judgment for plaintiffs; interest, costs and disbursements awarded as directed below.

Orders

  • Interest to be paid in accordance with the Securities Act calculation specified by plaintiffs' counsel.
  • Victor De Alwis: interest $242346