TA ROSS v BK ROSS HC WN CIV-2010-485-2515

TA ROSS v BK ROSS HC WN CIV-2010-485-2515

For the bankruptcy application the Court allowed category 2B costs under Items 17, 18, 19 and 4.18 (total 1.2 days = $2,256.00). For the Part 5 Creditors' Proposal the Court disallowed Item 2 and instead allowed Item 4.13 (0.6 days = $1,128.00), Items 4.14 and 4.15 (0.25 days each = $470.00 each) and Item 4.18 (0.2 days = $376.00) for a total of 1.3 days = $2,444.00. Total category 2B costs awarded to Ms Ross were $4,700.00 plus disbursements to be fixed by the Registrar.

Citation
openlaw-d82198af_4f11_4a8f_ae00_a72000db1e3e.pdf
Parties
Judgment Creditor: Teddi Alison Ross; Judgment Debtor / Applicant: Bryan Keith Ross
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 October 2011
Procedural Posture
Bankruptcy / Insolvency / Costs Judgment
Outcome
Costs awarded to Ms Teddi Alison Ross: $2,256.00 for the bankruptcy application and $2,444.00 for opposition to the Part 5 Creditors' Proposal; total $4,700.00; disbursements to be fixed by the Registrar.
Legal Topics
Part 5 Creditors' Proposal, Adjudication of Bankruptcy, Costs Assessment, High Court Rules Schedule 3
Insolvency Bankruptcy Civil Procedure Costs Part 5 Creditors' Proposal Adjudication of Bankruptcy Costs Assessment High Court Rules Schedule 3

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Parties

Teddi Alison Ross

Judgment Creditor

Bryan Keith Ross

Judgment Debtor / Applicant

Procedural Posture

Bankruptcy / Insolvency / Costs Judgment

Legal Issues

  1. 1 Whether specific items in Third Schedule to the High Court Rules are claimable in bankruptcy and Part 5 proposal proceedings
  2. 2 Whether Item 2 (commencement of defence) applies to a Notice of Opposition to a Part 5 Creditors' Proposal
  3. 3 Whether hearing time was double counted across two proceedings heard together

Ratio Decidendi

For the bankruptcy application the Court allowed category 2B costs under Items 17, 18, 19 and 4.18 (total 1.2 days = $2,256.00). For the Part 5 Creditors' Proposal the Court disallowed Item 2 and instead allowed Item 4.13 (0.6 days = $1,128.00), Items 4.14 and 4.15 (0.25 days each = $470.00 each) and Item 4.18 (0.2 days = $376.00) for a total of 1.3 days = $2,444.00. Total category 2B costs awarded to Ms Ross were $4,700.00 plus disbursements to be fixed by the Registrar.

Court Disposition

Costs awarded to Ms Teddi Alison Ross: $2,256.00 for the bankruptcy application and $2,444.00 for opposition to the Part 5 Creditors' Proposal; total $4,700.00; disbursements to be fixed by the Registrar.

Orders

  • Order for category 2B costs of $2,256.00 in favour of Ms Teddi Alison Ross on the bankruptcy application, plus disbursements as fixed by the Registrar.
  • Order for category 2B costs of $2,444.00 in favour of Ms Teddi Alison Ross on her successful opposition to the Part 5 Creditors' Proposal, plus disbursements as fixed by the Registrar.