New Zealand Case Law: Decisions & Judgments

Topic

High court rules r48d

Legal area

Court

29 Aug 2008

WICKETT'S STORES LIMITED T/A CAVENDISH CARPETS V COURTNEY DEVELOPMENTS LIMITED HC AK CIV 2007-404-006890

Citation

openlaw-8d5cebf8_e265_4b15_97f9_ff27842b1153.pdf
Court

High Court

Because the core debt was paid after issue, which showed a reasonable basis for issuing proceedings, but the plaintiff nonetheless pursued the balance comprising interest and costs in the Companies Court (an inappropriate use of the winding-up procedure), applying r48D and the High Court costs regime the judge refused costs to both parties.
28 Mar 2006

WAIRARAPA RECYCLERS 2005 LIMITED V BURLING TRANSPORT LIMITED HC PMN CIV-2006-454-002

Citation

openlaw-5a24e925_5135_4f0b_ba8a_f9ed02ffcf00.pdf
Court

High Court

Although the statutory demand related to services performed prior to incorporation, the respondent promptly withdrew the demand upon learning the incorporation facts and therefore costs are refused under High Court Rules r48D(e) and (f); accordingly costs lie where they fall (no order as to costs).
6 Oct 2005

SHERENDEN HOLDINGS LIMITED V LOGAN EARTHMOVING LIMITED HC NAP CIV-2005-441-417

Citation

openlaw-3ba3cebc_3f27_4613_8b23_a8fd501b5e2b.pdf
Court

High Court

Although the applicant succeeded in setting aside the statutory demand, the success was marginal and the applicant contributed to the need for and expense of the proceedings; applying High Court Rules r47 and r48D the court awarded modest costs and limited disbursements to reflect shared responsibility and unreasonable items incurred.

New Zealand Case Law

WICKETT'S STORES LIMITED T/A CAVENDISH CARPETS V COURTNEY DEVELOPMENTS LIMITED HC AK CIV 2007-404-006890

WAIRARAPA RECYCLERS 2005 LIMITED V BURLING TRANSPORT LIMITED HC PMN CIV-2006-454-002

SHERENDEN HOLDINGS LIMITED V LOGAN EARTHMOVING LIMITED HC NAP CIV-2005-441-417