New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Increased costs under high court rules rr 14.6
  • 1 Dec 2022

    TOBEM HOLDINGS LTD v KID COUNTRY HOLDINGS LTD (IN LIQ) [2022] NZHC 3193

    Citation
    [2022] NZHC 3193
    Court
    High Court

    In the absence of bad faith or other exceptional conduct by the liquidators, refusing to consent and opposing a leave application is within their statutory role and does not justify increased costs or personal liability; therefore award ordinary costs against the company on a 2B basis and decline uplift or personal orders against the liquidators.

    • Liquidator personal liability for costs
    • Leave to continue proceedings under s 248
    • Increased costs under high court rules rr 14.6
    • Proof of debt vs damages claims
    • Security for costs