CYNAMICLIFE LIMITED v M MEDER [2016] NZHC 1860

CYNAMICLIFE LIMITED v M MEDER [2016] NZHC 1860

There was clear evidence of a genuine dispute about the alleged debt; accordingly the statutory demand was inappropriate and the applicant was entitled to costs, which the Court fixed on a 2B basis inclusive of disbursements as claimed.

Citation
[2016] NZHC 1860
Parties
Applicant/plaintiff: CYNAMICLIFE LIMITED; Respondent/defendant: MARC MEDER
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 August 2016
Procedural Posture
Companies Act 1993 (statutory Demand Setting Aside) / Costs Judgment on Application to Set Aside
Outcome
Costs awarded to the applicant; statutory demand withdrawn by respondent (informally advised)
Legal Topics
Statutory Demand, Setting Aside, Costs Assessment, Dispute Over Debt
Companies Law Civil Procedure Costs Statutory Demand Setting Aside Costs Assessment Dispute Over Debt

Case Brief

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Parties

CYNAMICLIFE LIMITED

Applicant/plaintiff

MARC MEDER

Respondent/defendant

Procedural Posture

Companies Act 1993 (statutory Demand Setting Aside) / Costs Judgment on Application to Set Aside

Legal Issues

  1. 1 Whether the statutory demand should be set aside because there was a genuine dispute about the debt
  2. 2 Whether the applicant was entitled to costs and on what basis (2B scale)

Ratio Decidendi

There was clear evidence of a genuine dispute about the alleged debt; accordingly the statutory demand was inappropriate and the applicant was entitled to costs, which the Court fixed on a 2B basis inclusive of disbursements as claimed.

Court Disposition

Costs awarded to the applicant; statutory demand withdrawn by respondent (informally advised)

Orders

  • Costs and disbursements are fixed in the sum applied for