MADSEN-RIES and ANOR v JUST [2013] NZHC 2851
Because the plaintiffs succeeded and the defendant's arguments—previously rejected at trial—did not justify refusal or reduction of costs under r 14.7, the Court awarded costs to the plaintiffs of $27,000 and disbursements of $8,303.51.
Source-derived case information.
- Citation
- [2013] NZHC 2851
- Parties
- Plaintiff: Vivien Judith Madsen-Ries (Liquidator of Green Securities Limited and Presidential Homes New Zealand Limited); Plaintiff: Henry David Levin (Liquidator of Green Securities Limited and Presidential Homes New Zealand Limited); Defendant: Stephen Russell Just
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 October 2013
- Procedural Posture
- Companies Act 1993 Liquidation and Director Contribution Proceeding / Judgment on Costs
- Outcome
- Costs awarded to plaintiffs
- Legal Topics
- Director Duties, Liquidation, Contribution Orders, Costs Assessment, High Court Rules
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vivien Judith Madsen-Ries (Liquidator of Green Securities Limited and Presidential Homes New Zealand Limited)
Plaintiff
Henry David Levin (Liquidator of Green Securities Limited and Presidential Homes New Zealand Limited)
Plaintiff
Stephen Russell Just
Defendant
Procedural Posture
Companies Act 1993 Liquidation and Director Contribution Proceeding / Judgment on Costs
Legal Issues
- 1 Whether costs should be awarded to the successful plaintiffs
- 2 Whether costs should be refused or reduced under High Court Rules r 14.7
- 3 Appropriate quantum of costs and disbursements
Ratio Decidendi
Because the plaintiffs succeeded and the defendant's arguments—previously rejected at trial—did not justify refusal or reduction of costs under r 14.7, the Court awarded costs to the plaintiffs of $27,000 and disbursements of $8,303.51.
Court Disposition
Costs awarded to plaintiffs
Orders
- Costs awarded to plaintiffs in the sum of $27,000
- Disbursements awarded to plaintiffs in the sum of $8,303.51
Full Case Text
Judgment text and source record
1 paragraphs
MADSEN-RIES and ANOR v JUST [2013] NZHC 2851 [30 October 2013]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV 2012-404-003944[2013] NZHC 2851UNDER the Companies Act 1993IN THE MATTER of the liquidation of Green SecuritiesLimited (In Liquidation) and PresidentialHomes New Zealand Limmited (InLiquidation)BETWEEN VIVIEN JUDITH MADSEN-RIES andHENRY DAVID LEVIN as Liquidators ofGreen Securities Limited (In Liquidation)and Presidential Homes New ZealandLimited (In Liquidation)PlaintiffsAND STEPHEN RUSSELL JUSTDefendantAppearances: On the papers.Judgment: 30 October 2013 at 11:30amJUDGMENT OF ANDREWS J[Costs]This judgment is delivered by me on 30 October 2013 at 11.30ampursuant to r 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors:Meredith Connell, Auckland[1] The plaintiffs succeeded in their proceeding against the defendant for breach of his duties as a director under ss 135, 136, and 137 of the Companies Act 1993, and has been ordered to contribute to the assets of Green Securities Limited (In Liquidation) and Presidential Homes New Zealand Limited (In Liquidation), pursuant to s 301 of the Act.1[2] I have now received memoranda as to costs. The plaintiff agrees that scale 2B costs are appropriate, but claims $27,000, a little less than the amount payable according to the scale. The plaintiffs also seek disbursements of $8,303.51, the bulk of which relate to the setting down fee and hearing fee (together, $6,283.60), and the filing fee ($1,329.20).[3] Mr Just has filed a response to the plaintiffs' claim for costs. He contends atthat they should not be awarded costs. In large measure, the matters raised by Mr Just repeat matters which he raised at trial.[4] Pursuant to r 14.2(a) of the High Court Rules, the general principle as to determining costs is that the party who fails should pay costs to the party who succeeds. Pursuant to r 14.7, the Court may refuse to make an order for costs, or may reduce the costs otherwise payable, in certain circumstances.[5] In this case, the matters raised by Mr Just were rejected when they were raised at trial. I am not satisfied that any of the matters are such that costs should either be refused, or reduced.[6] Accordingly, I order costs in favour of the plaintiffs, in the sum of $27,000, together with disbursements of $8,303.51.________________________Andrews1 Madsen-Ries v Just [2013] NZHC 2254.