IN THE MATTER OF PS RICKARD HC WN CIV-2006-485-2252

IN THE MATTER OF PS RICKARD HC WN CIV-2006-485-2252

The court held that costs should follow the event because the outstanding balance was paid only after the creditor's petition and the judgment debtor failed to provide evidence sufficient to justify departing from the usual rule; accordingly the debtor was ordered to pay costs on a category 2B basis with disbursements fixed by the Registrar.

Citation
openlaw-6cd3bd73_f6ed_429a_ba06_6231df4f8c25.pdf
Parties
Judgment Debtor: Paul Stephen Rickard; Judgment Creditor: Barbara Linda Rickard
Court
Unknown Court
Jurisdiction
New Zealand
Judgment Date
27 March 2007
Procedural Posture
Bankruptcy Petition (insolvency Act 1967) / Costs Determination Following Withdrawal of Petition
Outcome
Judgment creditor awarded costs; judgment debtor ordered to pay costs.
Legal Topics
Creditor's Petition, Bankruptcy, Costs Following the Event, Withdrawal of Proceedings, Relationship Property Judgment Enforcement
Insolvency Civil Procedure Family/relationship Property Costs Creditor's Petition Bankruptcy Costs Following the Event Withdrawal of Proceedings +1 more

Case Brief

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Parties

Paul Stephen Rickard

Judgment Debtor

Barbara Linda Rickard

Judgment Creditor

Procedural Posture

Bankruptcy Petition (insolvency Act 1967) / Costs Determination Following Withdrawal of Petition

Legal Issues

  1. 1 Whether costs should be awarded to the judgment creditor after the creditor's petition prompted payment of the outstanding debt
  2. 2 Whether the judgment debtor's asserted reasons for withholding payment (non‑return of chattels, trust property disputes) justified departure from the usual costs rule
  3. 3 Appropriate scale and assessment of costs

Ratio Decidendi

The court held that costs should follow the event because the outstanding balance was paid only after the creditor's petition and the judgment debtor failed to provide evidence sufficient to justify departing from the usual rule; accordingly the debtor was ordered to pay costs on a category 2B basis with disbursements fixed by the Registrar.

Court Disposition

Judgment creditor awarded costs; judgment debtor ordered to pay costs.

Orders

  • Judgment debtor to pay costs to the judgment creditor calculated on a category 2B basis and disbursements as fixed by the Registrar