OFFICIAL ASSIGNEE v SMITH, PERKINS AND ANOR [2013] NZHC 3275
Because the Official Assignee advanced a valid indemnity claim in the bankrupt's capacity as former trustee and the claimed costs and disbursements were demonstrated to be fair and reasonable, indemnity costs in the amount claimed were awarded.
Source-derived case information.
- Citation
- [2013] NZHC 3275
- Parties
- Plaintiff: Official Assignee in Bankruptcy of the property of Michael Owen Perkins; First Defendant: Janet Mary Smith; Second Defendant: Michael Perkins; Third Defendant: Oliver Perkins
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 December 2013
- Procedural Posture
- Bankruptcy / Costs Hearing (on the Papers)
- Outcome
- Indemnity costs awarded to the Official Assignee
- Legal Topics
- Indemnity Costs, Trustee Indemnity, Proof of Claim, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Official Assignee in Bankruptcy of the property of Michael Owen Perkins
Plaintiff
Janet Mary Smith
First Defendant
Michael Perkins
Second Defendant
Oliver Perkins
Third Defendant
Procedural Posture
Bankruptcy / Costs Hearing (on the Papers)
Legal Issues
- 1 Whether the Official Assignee is entitled to indemnity costs based on the bankrupt's right of indemnity as a former trustee
- 2 Whether the claimed costs and disbursements are fair and reasonable
Ratio Decidendi
Because the Official Assignee advanced a valid indemnity claim in the bankrupt's capacity as former trustee and the claimed costs and disbursements were demonstrated to be fair and reasonable, indemnity costs in the amount claimed were awarded.
Court Disposition
Indemnity costs awarded to the Official Assignee
Orders
- Award indemnity costs and disbursements to the plaintiff in the sum of $16,631.43
Full Case Text
Judgment text and source record
1 paragraphs
OFFICIAL ASSIGNEE v SMITH, PERKINS AND ANOR [2013] NZHC 3275 [9 December 2013]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2013-488-209[2013] NZHC 3275BETWEEN OFFICIAL ASSIGNEE INBANKRUPTCY OF THE PROPERTY OFMICHAEL OWEN PERKINSPlaintiffAND JANET MARY SMITHFirst DefendantAND MICHAEL PERKINSSecond DefendantAND OLIVER PERKINSThird DefendantHearing: 9 December 2013 (On the papers)Counsel: GAD Neil for PlaintiffNo appearance for DefendantsJudgment: 9 December 2013JUDGMENT OF PANCKHURST J(RE: COSTS)[1] The Official Assignee in bankruptcy of the property of Michael Perkins seeks indemnity costs following formal proof of a claim against the trustees of the Bay ofIslands Trust. In asserting that claim the Official Assignee stood in the shoes' of thebankrupt in his capacity as a former trustee of the Trust. The claim was advanced inreliance upon Mr Perkins' right to be indemnified from the property of the Trust forproven advances he had made to the Trust. Now, indemnity costs are sought on a similar basis that is, in reliance upon the right of indemnity.[2] Counsel provided a memorandum as to costs totalling $13,652.23, together with disbursements of $2,979.20. I am satisfied that the costs and disbursements claimed are fair and reasonable. Accordingly an indemnity amount of $16,631.43 is awarded.Solicitors:Meredith Connell, Auckland