LILY O NEW ZEALAND LIMITED v NANTONG MAYMARK INTL TRADING CO. LIMITED [2014] NZHC 57
The court accepted the respondent's calculation that the matter fell within Category 2, Band B, and, in the absence of any contest by the applicant, ordered that the applicant pay the respondent's costs and disbursements totalling $8,567.50.
Source-derived case information.
- Citation
- [2014] NZHC 57
- Parties
- Applicant: LILY O NEW ZEALAND LIMITED; Respondent: NANTONG MAYMARK INTL TRADING CO. LIMITED
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 4 February 2014
- Procedural Posture
- Application Under the Companies Act 1993 to Set Aside a Statutory Demand / Costs Determination Following Judgment
- Outcome
- Applicant ordered to pay respondent's costs
- Legal Topics
- Statutory Demand, Setting Aside, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
LILY O NEW ZEALAND LIMITED
Applicant
NANTONG MAYMARK INTL TRADING CO. LIMITED
Respondent
Procedural Posture
Application Under the Companies Act 1993 to Set Aside a Statutory Demand / Costs Determination Following Judgment
Legal Issues
- 1 Whether the respondent was entitled to costs following the application to set aside a statutory demand
- 2 Appropriate costs category and band for the proceedings
- 3 Whether disbursements should be allowed
Ratio Decidendi
The court accepted the respondent's calculation that the matter fell within Category 2, Band B, and, in the absence of any contest by the applicant, ordered that the applicant pay the respondent's costs and disbursements totalling $8,567.50.
Court Disposition
Applicant ordered to pay respondent's costs
Orders
- Applicant to pay respondent's costs and disbursements in the sum of $8,567.50
Full Case Text
Judgment text and source record
1 paragraphs
LILY O NEW ZEALAND LIMITED v NANTONG MAYMARK INTL TRADING CO. LIMITED [2014] NZHC 57 [4 February 2014]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2013-404-3904[2014] NZHC 57UNDER the Companies Act 1993IN THE MATTER of an application for orders setting aside a statutory demandBETWEEN LILY O NEW ZEALAND LIMITEDApplicantAND NANTONG MAYMARK INTL TRADING CO. LIMITEDRespondentHearing: On the papersCounsel: M Heard for applicantHM Lim for respondentJudgment: 4 February 2014JUDGMENT OF FAIRE J[Costs]Solicitors: LeeSalmonLong, AucklandForrestHarrison, Auckland[1] In my judgment of 21 November 2013, I dealt with the applicant's application to set aside a statutory demand. I reduced the amount which I found to be due and ordered that it be paid within 15 working days. I gave a preliminary view that the case appeared to be a Category 2 case, and that the steps all appeared to fit within Band B.[2] Counsel for the respondent has filed a memorandum which calculates costs based on Category 2 and Band B for the three specific steps that have been taken in this case, plus disbursements, being the filing fee, totalling $8,567.50.[3] The solicitor for the applicant has advised the court by email that the applicant does not intend to file a memorandum in response and will abide the decision of the court on the question of costs. In my view, that approach is the correct one.[4] I am satisfied that the analysis by counsel for the respondent of the steps and the amounts recoverable for each one of those steps is correct.Order[5] I order that the applicant pay the respondent's costs on the application to set aside the statutory demand, including disbursements, in the sum of $8,567.50.____________________Faire J