New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs jurisdiction and assessment

Legal area

Court

30 May 2014

SOUTHERN RECON LIMITED v SIRYJ [2014] NZHC 1193

Citation

[2014] NZHC 1193
Court

High Court

Creditor was entitled to bring the adjudication application given the debtor had not made agreed payments or provided financial information; the Court exercises discretion under s 41 and Part 14 to award costs, the proceeding is Category 2 warranting 2B scale, and the creditor is awarded costs and disbursements totalling $4,184, payable either via inclusion in the supervised estate under s 356(4)(a) or otherwise when the Summary Instalment Order supervision ends.
24 Jul 2013

THE COMMISSIONER OF INLAND REVENUE v PROPERTY VENTURES LIMITED (IN LIQ AND IN REC) [2013] NZHC 1836

Citation

[2013] NZHC 1836
Court

High Court

The liquidator succeeded in obtaining the production orders; non-parties who were served and who exercised the right to appear in opposition are properly subject to the court's costs discretion; having considered the opponents' arguments (jurisdiction, privacy safeguards, procedural history) the court found them insufficient to deny costs and awarded costs on a 2B basis plus disbursements and reasonable travel, fixed at $11,498.48 payable jointly and severally by David Ian Henderson and GP96 Ltd to the liquidator.