COONEY TRUSTEES LIMITED v PIRAWAI EXCAVATION LIMITED [2014] NZHC 2435

COONEY TRUSTEES LIMITED v PIRAWAI EXCAVATION LIMITED [2014] NZHC 2435

The statutory demand was reduced to $24,797.26 and set aside as to the balance because correspondence from the trustees' solicitors admitted the work was carried out for the Trust and that the trustees were liable for the reasonable cost, establishing respondent's entitlement to at least that sum; costs were ordered to lie where they fall because both parties had partial success and both had at times adopted entrenched positions in negotiations.

Citation
[2014] NZHC 2435
Parties
Plaintiff/applicant: Cooney Trustees Limited; Defendant/respondent: Pirawai Excavation Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 October 2014
Procedural Posture
Application to Set Aside Statutory Demand / Defended Hearing; Orders and Costs Determination
Outcome
Statutory demand reduced to $24,797.26 and set aside as to the balance; applicant ordered to pay reduced sum within 10 working days; additional sum of $5,191.04 to be paid within 10 working days; costs to lie where they fall.
Legal Topics
Statutory Demand, Set Aside, Genuine Dispute, Costs, Liquidation
Company Law Civil Procedure Debt Recovery Statutory Demand Set Aside Genuine Dispute Costs Liquidation

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Parties

Cooney Trustees Limited

Plaintiff/applicant

Pirawai Excavation Limited

Defendant/respondent

Procedural Posture

Application to Set Aside Statutory Demand / Defended Hearing; Orders and Costs Determination

Legal Issues

  1. 1 Whether the statutory demand should be set aside in whole or in part
  2. 2 Whether there is a genuine dispute as to the claimed debt
  3. 3 What costs order is appropriate given partial success by both parties

Ratio Decidendi

The statutory demand was reduced to $24,797.26 and set aside as to the balance because correspondence from the trustees' solicitors admitted the work was carried out for the Trust and that the trustees were liable for the reasonable cost, establishing respondent's entitlement to at least that sum; costs were ordered to lie where they fall because both parties had partial success and both had at times adopted entrenched positions in negotiations.

Court Disposition

Statutory demand reduced to $24,797.26 and set aside as to the balance; applicant ordered to pay reduced sum within 10 working days; additional sum of $5,191.04 to be paid within 10 working days; costs to lie where they fall.

Orders

  • Statutory demand amount reduced to $24,797.26; demand set aside as to the balance claimed over and above that sum
  • Applicant to pay $24,797.26 to respondent within 10 working days of judgment