PRESCOTT v MEAD [2023] NZHC 1042

PRESCOTT v MEAD [2023] NZHC 1042

Because the judgment debtor had communicated with the process server and arranged for service to occur on 31 March 2023 the substituted service application was premature; the creditors were entitled to costs for the adjudication application and limited costs for attendance and memorandum (reduced to 0.2 day each) but not for the substituted service application; total costs of $2,890.00 were ordered payable by the judgment debtor to the judgment creditors, inclusive of disbursements.

Citation
[2023] NZHC 1042
Parties
Judgment Creditor/applicant: Ryan Prescott; Judgment Debtor/respondent: Russell Mead
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 May 2023
Procedural Posture
Bankruptcy Adjudication Under the Insolvency Act 2006 / Costs Determination Following Adjudication Application
Outcome
Costs awarded to the judgment creditors in the sum of $2,890.00 inclusive of disbursements; costs for the substituted service application refused.
Legal Topics
Service of Documents, Substituted Service, Enlargement of Time, Costs Assessment, Payment of Judgment Debt
Insolvency Civil Procedure Costs Service of Documents Substituted Service Enlargement of Time Costs Assessment Payment of Judgment Debt

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Parties

Ryan Prescott

Judgment Creditor/applicant

Russell Mead

Judgment Debtor/respondent

Procedural Posture

Bankruptcy Adjudication Under the Insolvency Act 2006 / Costs Determination Following Adjudication Application

Legal Issues

  1. 1 Whether court may order costs after judgment debt paid
  2. 2 Whether substituted service application was justified or premature
  3. 3 Proper quantum of costs to be awarded

Ratio Decidendi

Because the judgment debtor had communicated with the process server and arranged for service to occur on 31 March 2023 the substituted service application was premature; the creditors were entitled to costs for the adjudication application and limited costs for attendance and memorandum (reduced to 0.2 day each) but not for the substituted service application; total costs of $2,890.00 were ordered payable by the judgment debtor to the judgment creditors, inclusive of disbursements.

Court Disposition

Costs awarded to the judgment creditors in the sum of $2,890.00 inclusive of disbursements; costs for the substituted service application refused.

Orders

  • The judgment debtor shall pay the judgment creditors costs in the sum of $2,890.00, inclusive of disbursements.