2 Aug 2010
C-DAX LIMITED V W E AND L FRANKLIN AS TRUSTEES OF SYDNEY HOUSE TRUST AT PALMERSTON NORTH HC PMN CIV 2009-454-000513
- Citation
- openlaw-20c58079_33dd_4de0_ad8d_d767e21a6380.pdf
- Court
- High Court
The Associate Judge's costs decision was set aside because it relied on two determinations that were either irrelevant or plainly wrong: that the respondents were slow to concede and that they acted incautiously in issuing the statutory demand. The decisive Deed of Subordination was produced by the applicant only one day before hearing; the respondents were entitled to adjournments and could not reasonably be held to have known of the Deed; accordingly the applicant must pay the respondents' assessed costs and the respondents are awarded costs for the successful review.