ALLAN & ORS V PELF LIMITED AND ORS HC CHCH CIV-2009-409-2263

ALLAN & ORS V PELF LIMITED AND ORS HC CHCH CIV-2009-409-2263

Plaintiffs failed in their application for a liquidation order; under r14.2(a) the successful defendants are entitled to costs which should be fixed on the 2B scale; additionally the defendants are entitled to costs for their second memorandum dated 19 July 2010 and for preparation of the hearing bundle.

Source-derived case information.

Citation
openlaw-2a9368de_f0d3_4c31_8fe8_b211db4c2231.pdf
Parties
First Plaintiff: John Alexander McDonald Allan; First Plaintiff: Janice Margaret Allan; First Plaintiff: Antony Charles Vernon Brown; Second Plaintiff: Peter Fergus Wing; Third Plaintiff: Jeanne Robyn Wing; First Defendant: Pelf Limited; Second Defendant: Alistair Keith Wing; Third Defendant: Avette Wing
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 September 2010
Procedural Posture
Company Liquidation Application (civil) / Costs Determination After Judgment
Outcome
Plaintiffs ordered to pay costs to the successful defendants (second and third defendants) on a 2B basis; defendants granted additional costs for their second memorandum and for preparation of the hearing bundle.
Legal Topics
Liquidation, Costs Awards, Mediation and Settlement, High Court Rules Application
Company Law Civil Procedure Costs Liquidation Costs Awards Mediation and Settlement High Court Rules Application

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

John Alexander McDonald Allan

First Plaintiff

Janice Margaret Allan

First Plaintiff

Antony Charles Vernon Brown

First Plaintiff

Peter Fergus Wing

Second Plaintiff

Jeanne Robyn Wing

Third Plaintiff

Pelf Limited

First Defendant

Alistair Keith Wing

Second Defendant

Avette Wing

Third Defendant

Procedural Posture

Company Liquidation Application (civil) / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the plaintiffs should pay costs after failing to obtain a liquidation order
  2. 2 Appropriate basis for assessing costs (scale 2B)
  3. 3 Whether costs should be reserved pending mediation

Ratio Decidendi

Plaintiffs failed in their application for a liquidation order; under r14.2(a) the successful defendants are entitled to costs which should be fixed on the 2B scale; additionally the defendants are entitled to costs for their second memorandum dated 19 July 2010 and for preparation of the hearing bundle.

Court Disposition

Plaintiffs ordered to pay costs to the successful defendants (second and third defendants) on a 2B basis; defendants granted additional costs for their second memorandum and for preparation of the hearing bundle.

Orders

  • Costs fixed on a 2B basis
  • Plaintiffs to pay costs to the second and third defendants