New Zealand Case Law: Decisions & Judgments

Topic

Contribution orders

Legal area

Court

20 Dec 2021

POWELL v K 2 INVESTMENT GROUP LIMITED [2021] NZHC 3565

Citation

[2021] NZHC 3565
Court

High Court

The Court fixed plaintiff's solicitor/client indemnity costs at $308,970.08 as reasonable and recoverable under the loan agreement and High Court Rules after disallowing costs previously fixed and apportioning deductions for security application and caveat matters; the Court further held Kemeny had actively controlled and benefited from K2 New Zealand's defence and counterclaim such that, in the exceptional circumstances, he is jointly and severally liable to contribute $228,970.08 toward the indemnity costs (subject to reduction if prior scale costs of $66,663 are paid).
28 Nov 2014

BAKER v WAIMAKUKU WHANAU TRUST BOARD INC [2014] NZHC 3016

Citation

[2014] NZHC 3016
Court

High Court

The court found on the balance of the material that the respondent's initiatives in the proceedings were directed and effectively orchestrated by Mr Baker for his own and his immediate family's benefit, that the respondent would not pay the outstanding costs, and that it was therefore appropriate to order Mr Baker to contribute $10,000 (or the lesser outstanding amount) towards the costs previously ordered against the respondent and to reimburse the applicants' disbursements for effecting personal service; claims that prior unappealed judgments were wrong did not justify avoiding personal lia…
30 Oct 2013

MADSEN-RIES and ANOR v JUST [2013] NZHC 2851

Citation

[2013] NZHC 2851
Court

High Court

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.
20 May 2010

REYNOLDS AS LIQUIDATOR OF BAR AND BISTRO LIMITED (IN LIQUIDATION) AND ANOR V LOCHIEL CORPORATION LIMITED AND ANOR HC AK CIV-2009-404-501

Citation

openlaw-62768736_7cc8_4bdf_94b9_1bce06932f7e.pdf
Court

High Court

On the liquidator's affidavit and inquiry under s301(1) the Court was satisfied the second defendant caused the company to incur $156,250 of unsecured liabilities at a time when he had no reasonable grounds to believe the company could meet them, thereby breaching s136; the Court therefore ordered under s301(1)(b)(ii) that he contribute $156,250 to the company, with interest and costs.

New Zealand Case Law

POWELL v K 2 INVESTMENT GROUP LIMITED [2021] NZHC 3565

BAKER v WAIMAKUKU WHANAU TRUST BOARD INC [2014] NZHC 3016

MADSEN-RIES and ANOR v JUST [2013] NZHC 2851

REYNOLDS AS LIQUIDATOR OF BAR AND BISTRO LIMITED (IN LIQUIDATION) AND ANOR V LOCHIEL CORPORATION LIMITED AND ANOR HC AK CIV-2009-404-501