TRAVEL SHOP LIMITED V GREENWOODS CORNER TRAVEL (1987) LIMITED HC AK CIV-2010-404-002930
The application to set aside the statutory demand was refused because there was no substantial dispute as to $8,356.15; accordingly the respondent was entitled to costs on a 2B basis and disbursements fixed by the Registrar.
Source-derived case information.
- Citation
- openlaw-1f9893e4_d029_4c35_a252_15ec9b52eb92.pdf
- Parties
- Applicant: Travel Shop Limited; Respondent: Greenwoods Corner Travel (1987) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 December 2010
- Procedural Posture
- Application to Set Aside Statutory Demand / Costs Decision
- Outcome
- Application to set aside the statutory demand dismissed; respondent awarded costs and disbursements.
- Legal Topics
- Statutory Demand, Set Aside Application, Costs Award, Liquidation Threshold
Source-derived case record
Summary, issues, holding and outcome
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Parties
Travel Shop Limited
Applicant
Greenwoods Corner Travel (1987) Limited
Respondent
Procedural Posture
Application to Set Aside Statutory Demand / Costs Decision
Legal Issues
- 1 Whether the statutory demand should be set aside
- 2 Whether there was a substantial dispute as to the debt
- 3 Whether the respondent was entitled to costs and on what basis
Ratio Decidendi
The application to set aside the statutory demand was refused because there was no substantial dispute as to $8,356.15; accordingly the respondent was entitled to costs on a 2B basis and disbursements fixed by the Registrar.
Court Disposition
Application to set aside the statutory demand dismissed; respondent awarded costs and disbursements.
Orders
- Application to set aside statutory demand dismissed
- Applicant to pay costs to respondent on a 2B basis
Full Case Text
Judgment text and source record
1 paragraphs
TRAVEL SHOP LIMITED V GREENWOODS CORNER TRAVEL (1987) LIMITED HC AK CIV-2010-404- 002930 17 December 2010IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2010-404-002930BETWEEN TRAVEL SHOP LIMITED Applicant AND GREENWOODS CORNER TRAVEL (1987) LIMITED Respondent Hearing: 24 August 2010 Appearances: Mr A Kashyap for Applicant Mr P Spring for Respondent Judgment: 17 December 2010 at 2 p.m.JUDGMENT OF ASSOCIATE JUDGE DOOGUE [on Costs]This judgment was delivered by me on17.12.10 at 2 p.m., pursuant to Rule 11.5 of the High Court Rules. Registrar/Deputy Registrar DateCounsel:Mr A Kashyap, P O Box 26-596, Epsom, Auckland Keegan Alexander, P O Box 999, Auckland2 [1] I issued a judgment in this matter on 27 August 2010 following an application by the applicant to set aside a statutory demand. The application was unsuccessful in that I declined to set aside the statutory demand. I determined that the applicant owed an amount that would entitle the respondent to apply for a liquidation order. I concluded that there was no substantial dispute as to the sum of $8,356.15. The respondent had claimed in the statutory demand the sum of $11,169.11. [2] In my view the respondent has been successful in the proceedings. It isprima facie entitled to costs. I can see no justifiable reason for declining costs. While there may have been a dispute as to part of the debt there was no legitimate dispute as to the other part which was accordingly unpaid debt upon which a statutory demand could properly be based. For these reasons I determine that the applicant should pay costs on a 2B basis together with disbursements fixed by the Registrar. _____________ J.P. Doogue Associate Judge