BROCK V BEADLE HC TAU CIV-2009-470-520

BROCK V BEADLE HC TAU CIV-2009-470-520

Debtor failed to satisfactorily comply with the outstanding statutory demand until the eve of the hearing; because the creditor's initiation of proceedings was vindicated, the debtor must pay the creditor's costs for steps up to discontinuance on a 2B basis and the creditor is entitled to disbursements fixed by the Registrar.

Citation
openlaw-ba99969f_6b4a_48a6_957c_aeaa22a69eb9.pdf
Parties
Judgment Creditor: Steven Peter Brock; Judgment Debtor: Shayron Lee Beadle
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 July 2010
Procedural Posture
Application for Adjudication in Bankruptcy Under the Insolvency Act 2004 / Application for Adjudication Heard and Dismissed on 10 June 2010; Costs Reserved; Judgment Delivered 30 July 2010
Outcome
Application dismissed; costs reserved and now awarded to judgment creditor
Legal Topics
Statutory Demand, Bankruptcy Notice, Adjudication Order, Discontinuance, Party and Party Costs (2 B)
Insolvency Bankruptcy Civil Procedure Costs Statutory Demand Bankruptcy Notice Adjudication Order Discontinuance +1 more

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Parties

Steven Peter Brock

Judgment Creditor

Shayron Lee Beadle

Judgment Debtor

Procedural Posture

Application for Adjudication in Bankruptcy Under the Insolvency Act 2004 / Application for Adjudication Heard and Dismissed on 10 June 2010; Costs Reserved; Judgment Delivered 30 July 2010

Legal Issues

  1. 1 Whether the creditor could rely on a Family Court costs order not covered by a separate bankruptcy notice
  2. 2 Whether costs should be awarded to the creditor after the debtor paid part of the debt on the eve of hearing and proceedings were dismissed
  3. 3 Proper costs approach where plaintiff effectively discontinues because respondent concedes or pays part of the claim

Ratio Decidendi

Debtor failed to satisfactorily comply with the outstanding statutory demand until the eve of the hearing; because the creditor's initiation of proceedings was vindicated, the debtor must pay the creditor's costs for steps up to discontinuance on a 2B basis and the creditor is entitled to disbursements fixed by the Registrar.

Court Disposition

Application dismissed; costs reserved and now awarded to judgment creditor

Orders

  • Proceedings dismissed
  • Judgment debtor to pay the judgment creditor's costs for all steps taken up to the point of discontinuance on a 2B basis