YPG IP LIMITED AND ANOR V YELLOW BOOK.CO.AU PTY LTD AND ORS HC AK CIV 2007-404-2839

YPG IP LIMITED AND ANOR V YELLOW BOOK.CO.AU PTY LTD AND ORS HC AK CIV 2007-404-2839

Defendants were not in wilful default because they lacked the means to pay the costs order in one lump sum; the costs order was therefore varied to monthly payments of NZ$1000 beginning 1 July 2008, and an Unless Order was granted that failure to pay any instalment within 14 days of its due date would result in the...

Source-derived case information.

Citation
openlaw-75cd0d35_f60e_4ab0_911d_067b76982bd4.pdf
Parties
First Plaintiff: YPG IP LIMITED; Second Plaintiff: YELLOW PAGES GROUP LIMITED; First Defendant: YELLOW BOOK.CO.AU PTY LTD; Second Defendant: DAVID KHOURY; Third Defendant: ROBERT G COLES
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 June 2008
Procedural Posture
Civil (enforcement of Interlocutory Costs Order) / Application for Unless Order and Variation of Costs Order
Outcome
Application partly granted: costs order varied to permit instalments and an Unless Order made enforcing the varied order; plaintiffs awarded costs of the application
Legal Topics
Unless Order, Interlocutory Orders, Wilful Default, Variation of Costs Order, Strike Out for Non Compliance
Civil Procedure Enforcement of Judgments Costs Unless Order Interlocutory Orders Wilful Default Variation of Costs Order Strike Out for Non Compliance

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Parties

YPG IP LIMITED

First Plaintiff

YELLOW PAGES GROUP LIMITED

Second Plaintiff

YELLOW BOOK.CO.AU PTY LTD

First Defendant

DAVID KHOURY

Second Defendant

ROBERT G COLES

Third Defendant

Procedural Posture

Civil (enforcement of Interlocutory Costs Order) / Application for Unless Order and Variation of Costs Order

Legal Issues

  1. 1 Whether defendants' failure to pay the costs order amounted to wilful default justifying strike out and judgment; Whether the court should vary the costs order to permit instalments; Whether an Unless Order should be made enforcing the varied order; Allocation of costs of the present application

Ratio Decidendi

Defendants were not in wilful default because they lacked the means to pay the costs order in one lump sum; the costs order was therefore varied to monthly payments of NZ$1000 beginning 1 July 2008, and an Unless Order was granted that failure to pay any instalment within 14 days of its due date would result in the statements of defence being struck out and judgment entered against the defendants.

Court Disposition

Application partly granted: costs order varied to permit instalments and an Unless Order made enforcing the varied order; plaintiffs awarded costs of the application

Orders

  • The costs order of 28 November 2007 is varied to require monthly payments of NZ$1000 each, the first payment to be made on or before 1 July 2008
  • If any NZ$1000 instalment remains outstanding for a period of 14 days after the date prescribed for payment, the statements of defence are to be struck out and judgment entered against the defendants accordingly