WOOLLAMS EX PARTE ZURICH APARTMENTS LIMITED (IN LIQUIDATION) HC HAM CIV 2007-419-001438

WOOLLAMS EX PARTE ZURICH APARTMENTS LIMITED (IN LIQUIDATION) HC HAM CIV 2007-419-001438

The application for security for costs was dismissed because the existing judgment in favour of the petitioning creditor provided adequate security for potential costs; therefore no separate security for costs order was justified on the facts of this bankruptcy petition.

Citation
openlaw-1fb4fdb9_4894_4191_ac66_a198b63c65cf.pdf
Parties
Judgment Debtor: James Ivan Woollams; Judgment Creditor: Zurich Apartments Limited (in liquidation)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 July 2008
Procedural Posture
Bankruptcy Petition / Insolvency Proceeding / Hearing on Application for Security for Costs
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Bankruptcy Petition, Costs Orders, Set Off / Counterclaim
Insolvency Civil Procedure Bankruptcy Security for Costs Bankruptcy Petition Costs Orders Set Off / Counterclaim

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Parties

James Ivan Woollams

Judgment Debtor

Zurich Apartments Limited (in liquidation)

Judgment Creditor

Procedural Posture

Bankruptcy Petition / Insolvency Proceeding / Hearing on Application for Security for Costs

Legal Issues

  1. 1 Whether r 60 of the High Court Rules applies to a bankruptcy petition
  2. 2 Whether an order for security for costs should be made in respect of a bankruptcy petition
  3. 3 Whether an existing judgment against the judgment debtor provides adequate security for costs

Ratio Decidendi

The application for security for costs was dismissed because the existing judgment in favour of the petitioning creditor provided adequate security for potential costs; therefore no separate security for costs order was justified on the facts of this bankruptcy petition.

Court Disposition

Application for security for costs dismissed

Orders

  • The application for security for costs is dismissed.
  • No order for costs was made (judge stated he would have ordered costs but for the grant of legal aid).