DREAM DOORS (NZ) LTD v LILLY AND JAY [2015] NZHC 1017

DREAM DOORS (NZ) LTD v LILLY AND JAY [2015] NZHC 1017

Plaintiffs are entitled to costs against both defendants on a 2B basis; bankruptcy of a defendant does not preclude an award of costs where the Official Assignee considers the debt not provable in the bankruptcy and the defendant may have assets; the sum of $12,935 in costs and $336 in disbursements is fair and...

Source-derived case information.

Citation
[2015] NZHC 1017
Parties
First Plaintiff: Dream Doors (NZ) Ltd; Second Plaintiffs: Derek Lilly and Philip Jay; First Defendant: Mike Fatches Designs Ltd; Second Defendant: Michael Ernest Factches
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 May 2015
Procedural Posture
Civil Injunction (trade Mark, Franchise) / Costs Judgment (judgment as to Costs)
Outcome
Costs awarded to plaintiffs against first and second defendants
Legal Topics
Permanent Injunction, Trade Mark, Franchise Agreement, Costs, Bankruptcy
Intellectual Property Contract Insolvency Civil Procedure Equity Permanent Injunction Trade Mark Franchise Agreement +2 more

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Parties

Dream Doors (NZ) Ltd

First Plaintiff

Derek Lilly and Philip Jay

Second Plaintiffs

Mike Fatches Designs Ltd

First Defendant

Michael Ernest Factches

Second Defendant

Procedural Posture

Civil Injunction (trade Mark, Franchise) / Costs Judgment (judgment as to Costs)

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs following grant of permanent injunction
  2. 2 Whether costs can be awarded against a bankrupt/undischarged bankrupt
  3. 3 Appropriate scale of costs (2B) and recoverability of disbursements

Ratio Decidendi

Plaintiffs are entitled to costs against both defendants on a 2B basis; bankruptcy of a defendant does not preclude an award of costs where the Official Assignee considers the debt not provable in the bankruptcy and the defendant may have assets; the sum of $12,935 in costs and $336 in disbursements is fair and reasonable based on distinct preparation for interim and formal proof hearings.

Court Disposition

Costs awarded to plaintiffs against first and second defendants

Orders

  • Costs awarded to plaintiffs in the sum of $12,935 on a 2B basis
  • Disbursements awarded to plaintiffs in the sum of $336