Blanchett and McCloy as liquidators of Hori Limited (in liqn) v Mowbray [2016] NZHC 720

Blanchett and McCloy as liquidators of Hori Limited (in liqn) v Mowbray [2016] NZHC 720

The Court awarded the claimed $8,351.33 because the amount represented reasonable costs and disbursements, was below a 2B scale assessment consistent with r 14.2(f), and the respondents did not oppose the memorandum, justifying entry of judgment for that sum.

Source-derived case information.

Citation
[2016] NZHC 720
Parties
Applicants (liquidators): David Murray Blanchett and Colin Thomas McCloy as liquidators of Hori Limited (in liquidation); Respondents: Steven H Mowbray and Polly Smowbray
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 April 2016
Procedural Posture
Company Liquidation (companies Act 1993) / Costs Determination Following Judgment on Liability
Outcome
Judgment entered against the respondents for costs and disbursements in the sum of $8,351.33 in favour of the applicants.
Legal Topics
Liquidation, Costs Assessment, High Court Rules R 14.2(f)
Company Law Civil Procedure Costs Law Liquidation Costs Assessment High Court Rules R 14.2(f)

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Parties

David Murray Blanchett and Colin Thomas McCloy as liquidators of Hori Limited (in liquidation)

Applicants (liquidators)

Steven H Mowbray and Polly Smowbray

Respondents

Procedural Posture

Company Liquidation (companies Act 1993) / Costs Determination Following Judgment on Liability

Legal Issues

  1. 1 Whether the respondents should be ordered to pay the applicants' costs and disbursements
  2. 2 Whether the claimed sum of $8,351.33 is reasonable and appropriately assessed under the High Court Rules
  3. 3 Application and effect of r 14.2(f) of the High Court Rules

Ratio Decidendi

The Court awarded the claimed $8,351.33 because the amount represented reasonable costs and disbursements, was below a 2B scale assessment consistent with r 14.2(f), and the respondents did not oppose the memorandum, justifying entry of judgment for that sum.

Court Disposition

Judgment entered against the respondents for costs and disbursements in the sum of $8,351.33 in favour of the applicants.

Orders

  • Respondents Steven H Mowbray and Polly Smowbray to pay applicants David Murray Blanchett and Colin Thomas McCloy, as liquidators of Hori Limited (in liquidation), costs and disbursements of $8,351.33; judgment entered accordingly.