PRIMA TECHNOLOGIES LIMITED (IN LIQUIDATION) V KMQ INC HC AK CIV 2010-404-001116

PRIMA TECHNOLOGIES LIMITED (IN LIQUIDATION) V KMQ INC HC AK CIV 2010-404-001116

The defendants are entitled to costs assessed on a 2B basis and disbursements approved by the Registrar; an uplift above 2B is not justified because available evidence indicated the proceeding was initiated in good faith.

Citation
openlaw-b69cb7bd_79f3_43e8_92f1_6b121409bc6b.pdf
Parties
First Plaintiff: PRIMA TECHNOLOGIES LIMITED (IN LIQUIDATION); Second Plaintiff: DARAN NAIR; First Defendant: KMQ INC; Second Defendant: KIMBERLEY QUINN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 November 2012
Procedural Posture
Companies Act 1993 Proceeding / Costs Determination Following Summary Judgment Application
Outcome
Costs awarded to defendants on a 2B scale; uplift denied; disbursements to be approved by the Registrar
Legal Topics
Summary Judgment, Costs Assessment, Costs Uplift, Disbursements
Companies Law Civil Procedure Costs Summary Judgment Costs Assessment Costs Uplift Disbursements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

PRIMA TECHNOLOGIES LIMITED (IN LIQUIDATION)

First Plaintiff

DARAN NAIR

Second Plaintiff

KMQ INC

First Defendant

KIMBERLEY QUINN

Second Defendant

Procedural Posture

Companies Act 1993 Proceeding / Costs Determination Following Summary Judgment Application

Legal Issues

  1. 1 Whether defendants entitled to costs
  2. 2 Whether an uplift above 2B scale was justified
  3. 3 Whether disbursements should be approved

Ratio Decidendi

The defendants are entitled to costs assessed on a 2B basis and disbursements approved by the Registrar; an uplift above 2B is not justified because available evidence indicated the proceeding was initiated in good faith.

Court Disposition

Costs awarded to defendants on a 2B scale; uplift denied; disbursements to be approved by the Registrar

Orders

  • Costs fixed on a 2B basis in favour of the defendants
  • Disbursements to be approved by the Registrar