New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disputes tribunal award

Legal area

Court

9 Jul 2019

GLOTS LTD v TSANG [2019] NZHC 1568

Citation

[2019] NZHC 1568
Court

High Court

Balancing competing factors — the respondent's delayed prosecution and conduct that led to the bankruptcy notice weighed against the Disputes Tribunal award, the availability of set-off and the likelihood the dispute would be ventilated in separate proceedings — the court exercised its discretion under High Court Rule 15.23 to award the respondent partial compensation but not increased costs: costs on a 2B basis of $2,230 plus disbursements as fixed by the Registrar.
7 Dec 2016

WHITFIELD BRAUN LIMITED v FAWCETT [2016] NZHC 2926

Citation

[2016] NZHC 2926
Court

High Court

No binding accord and satisfaction was proved; the creditor was entitled to pursue enforcement including issuing a bankruptcy notice; because no 'proceeding' as defined by the High Court Rules was before the Court, Part 14 costs jurisdiction did not apply and Part 24 provides no basis for an affirmative costs award to the creditor for the bankruptcy notice; accordingly the application for costs failed and no costs order was made.