6 Jul 2020
MENZIES v VAYCAY TRADING LTD [2020] NZHC 1413
- Citation
- [2020] NZHC 1413
- Court
- High Court
Applicant entitled to recover actual and reasonable costs of the liquidation application from the liquidator under Schedule 7 cl 1(1)(c); claimant awarded indemnity costs of $46,316.06 payable by the liquidator. The opposing shareholder (Bourton) was not ordered to pay full indemnity costs but was held liable for 2B scale costs with a 30% uplift plus disbursements, amounting to $28,554.47; liability for that amount is joint and several. Costs should not lie where they fall because the opponent's alternative (creditors' compromise) never materialised and his conduct, while ultimately unreasona…