CDC SERVICES LIMITED (IN LIQUIDATION) v CLARK [2023] NZHC 2642

CDC SERVICES LIMITED (IN LIQUIDATION) v CLARK [2023] NZHC 2642

The plaintiffs were entitled to interlocutory costs because they achieved measurable success on the summary judgment application, the defendant's expert evidence did not assist and the defendant's 'walk away' offer did not mitigate costs; accordingly costs of $8,723.50 plus disbursements were awarded to the plaintiffs for the interlocutory application.

Citation
[2023] NZHC 2642
Parties
First Plaintiff: CDC Services Limited (in liquidation); Second Plaintiff: Keaton Pronk and Iain McLennan, as Liquidators of CDC Services Limited (in liquidation); Defendant: David Wayne Clark
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 September 2023
Procedural Posture
Companies Act 1993 Liquidation Proceeding / Costs Application (interlocutory) Following Summary Judgment Decision
Outcome
Costs awarded to plaintiffs for the interlocutory summary judgment application
Legal Topics
Summary Judgment, Costs, Liquidation, Accounting Records, Walk Away Offer
Company Law Insolvency Civil Procedure Costs Law Summary Judgment Costs Liquidation Accounting Records +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CDC Services Limited (in liquidation)

First Plaintiff

Keaton Pronk and Iain McLennan, as Liquidators of CDC Services Limited (in liquidation)

Second Plaintiff

David Wayne Clark

Defendant

Procedural Posture

Companies Act 1993 Liquidation Proceeding / Costs Application (interlocutory) Following Summary Judgment Decision

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs arising from the summary judgment interlocutory application
  2. 2 Whether the defendant's offer to abandon the summary judgment application without reservation affects entitlement to costs
  3. 3 Whether summary judgment was appropriate on the claim relating to defendant's accounting records

Ratio Decidendi

The plaintiffs were entitled to interlocutory costs because they achieved measurable success on the summary judgment application, the defendant's expert evidence did not assist and the defendant's 'walk away' offer did not mitigate costs; accordingly costs of $8,723.50 plus disbursements were awarded to the plaintiffs for the interlocutory application.

Court Disposition

Costs awarded to plaintiffs for the interlocutory summary judgment application

Orders

  • Costs awarded to the plaintiffs against Mr Clark in the sum of $8,723.50 plus disbursements as fixed by the Registrar