IN THE MATTER OF INTERNATIONAL DIRECT (IN LIQUIDATION) HC WN CIV-2006-485-2020

IN THE MATTER OF INTERNATIONAL DIRECT (IN LIQUIDATION) HC WN CIV-2006-485-2020

The liquidator's applications against Mr Bennett and Ms Watson succeeded; costs were awarded to the liquidator against each under the ordinary rule that costs follow the event, to be calculated on a category 2B basis; applications by Bennett and Watson for costs were dismissed; Ms Watson's claim for remuneration, travel and other expenses under s261(5) was rejected because the order made was under s266(1) for production and s261(5) remuneration applies only to compliance with s261(3); the Court directed counsels for Bennett and Watson to respond within ten working days as to quantum of the claimed category 2B costs and disbursements.

Citation
openlaw-9610be48_d71e_4a2d_88cd_f767ba27fe19.pdf
Parties
Liquidator/applicant: Robert Bruce Walker; Respondent: Michael Hebden Bennett; Respondent: Deidre Watson
Court
Unknown Court
Jurisdiction
New Zealand
Judgment Date
9 March 2007
Procedural Posture
Companies Act 1993 Application for Examination and Production of Records (s261/s266) / Costs Determination
Outcome
Liquidator's applications granted; costs awarded to liquidator against Bennett and Watson; cross-applications for costs by Bennett and Watson dismissed; Ms Watson's s261(5) remuneration claim dismissed; directions given to file memoranda on quantum.
Legal Topics
Liquidation, Production of Documents, Examination on Oath, Costs Assessment, Remuneration Under S261(5)
Company Law Civil Procedure Costs Liquidation Production of Documents Examination on Oath Costs Assessment Remuneration Under S261(5)

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Parties

Robert Bruce Walker

Liquidator/applicant

Michael Hebden Bennett

Respondent

Deidre Watson

Respondent

Procedural Posture

Companies Act 1993 Application for Examination and Production of Records (s261/s266) / Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded to the liquidator against Mr Bennett and Ms Watson
  2. 2 Quantum of costs to be awarded (category 2B claimed)
  3. 3 Whether Mr Bennett's jurisdictional challenge barred examination

Ratio Decidendi

The liquidator's applications against Mr Bennett and Ms Watson succeeded; costs were awarded to the liquidator against each under the ordinary rule that costs follow the event, to be calculated on a category 2B basis; applications by Bennett and Watson for costs were dismissed; Ms Watson's claim for remuneration, travel and other expenses under s261(5) was rejected because the order made was under s266(1) for production and s261(5) remuneration applies only to compliance with s261(3); the Court directed counsels for Bennett and Watson to respond within ten working days as to quantum of the claimed category 2B costs and disbursements.

Court Disposition

Liquidator's applications granted; costs awarded to liquidator against Bennett and Watson; cross-applications for costs by Bennett and Watson dismissed; Ms Watson's s261(5) remuneration claim dismissed; directions given to file memoranda on quantum.

Orders

  • Costs awarded to liquidator against Michael Hebden Bennett to be assessed on a category 2B basis
  • Costs awarded to liquidator against Deidre Watson to be assessed on a category 2B basis