WAITAKERE CITY COUNCIL V MAWHINNEY HC AK CIV-2006-404-4221

WAITAKERE CITY COUNCIL V MAWHINNEY HC AK CIV-2006-404-4221

Debtor's deliberate evasion of service impeded the Court and increased the creditor's costs; that conduct falls within High Court Rules r 48C(4)(f) and justifies an order that the judgment debtor pay indemnity costs of $2,598.50 for the substituted service application, plus disbursements to be fixed by the registrar.

Source-derived case information.

Citation
openlaw-582d19f3_74f3_4d6a_9f53_8d457acd8547.pdf
Parties
Judgment Creditor: Waitakere City Council; Judgment Debtor: Peter William Mawhinney
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 February 2007
Procedural Posture
Bankruptcy (insolvency Act 1967) / Post Bankruptcy Notice; Application for Substituted Service and Indemnity Costs
Outcome
Order for indemnity costs granted against judgment debtor for substituted service application.
Legal Topics
Substituted Service, Indemnity Costs, Evading Service, High Court Rules R 48 C, Service Compliance
Bankruptcy Civil Procedure Costs Service of Process Substituted Service Indemnity Costs Evading Service High Court Rules R 48 C +1 more

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Parties

Waitakere City Council

Judgment Creditor

Peter William Mawhinney

Judgment Debtor

Procedural Posture

Bankruptcy (insolvency Act 1967) / Post Bankruptcy Notice; Application for Substituted Service and Indemnity Costs

Legal Issues

  1. 1 Whether the debtor's evasion of service justifies indemnity costs
  2. 2 Whether conduct falls within High Court Rules r 48C(4)(f) as 'some other reason' for indemnity costs
  3. 3 Quantum of costs reasonably incurred in obtaining substituted service

Ratio Decidendi

Debtor's deliberate evasion of service impeded the Court and increased the creditor's costs; that conduct falls within High Court Rules r 48C(4)(f) and justifies an order that the judgment debtor pay indemnity costs of $2,598.50 for the substituted service application, plus disbursements to be fixed by the registrar.

Court Disposition

Order for indemnity costs granted against judgment debtor for substituted service application.

Orders

  • Judgment debtor to pay costs of $2,598.50 in respect of the substituted service application.
  • Judgment debtor to pay disbursements incurred in relation to the substituted service application to be fixed by the registrar.