15 Dec 2015
GIBSON v THE OFFICIAL ASSIGNEE OF NEW ZEALAND [2015] NZHC 3200
- Citation
- [2015] NZHC 3200
- Court
- High Court
Rule 15.23 of the High Court Rules applies to s 226 appeals; costs on discontinuance are payable by the appellant. Costs awarded in these circumstances are not provable debts under s 232 because the proceedings were commenced after adjudication; therefore the costs will not be met from property vested in the Official Assignee and the Official Assignee may pursue the appellant for costs after discharge. The appellant's reasons for discontinuance (including lack of legal aid) did not displace the presumption for costs; quantum as assessed was appropriate, including an additional award for the c…
- Costs on discontinuance
- Provable debts in bankruptcy
- S226 appeals
- Discharge and post-discharge liability for costs
- Quantum of costs