21 Dec 2023
The presumption that costs follow discontinuance under r15.23 was displaced because the plaintiffs effectively succeeded: the defendant was placed into liquidation by shareholders before the first call making the proceedings unnecessary; accordingly the defendant was ordered to pay costs on a 2B basis and disbursements totaling NZD 5,405.55.
12 Dec 2023
The defendant was entitled to costs on a 2B basis assessed under High Court Rules Schedule 3 item 50, but not for memoranda and case management relating to the interim liquidator application (costs for that were held to lie where they fall), no second counsel allowance was warranted, one day preparation for a half‑day hearing is reasonable, and the defendant is awarded $16,252 in costs plus $220 in disbursements.
11 Dec 2023
The application to appoint a liquidator was dismissed because there is a genuine and substantial dispute whether Rentmax owes the claimed Debt to Prosec — novation was contested, the factual matrix did not demonstrate objective assent by Rentmax, material issues of fact and credibility required ordinary proceedings, and a large part of the claimed sum was for unliquidated damages not properly included in a statutory demand.
8 Dec 2023
Leave to use the originating application procedure is granted because the application is non‑contentious, unlikely to require extensive pleadings or interlocutory steps, and is an efficient method, subject to counsel filing the full Form G32 certificate and further directions as to service to be issued separately.
7 Dec 2023
Satori was unable to pay its debts within the meaning of the Companies Act, the High Court of New Zealand was the appropriate forum to appoint a liquidator of a New Zealand company, the appellant lacked standing and failed to show an arguable case of solvency or other legitimate interest to restrain or stay the liquidation, and therefore the liquidation order was properly made; interim relief and applications to adduce further evidence on appeal were rightly refused and the appeal was dismissed.
5 Dec 2023
The applicant's set aside application was dismissed; the respondent is entitled to costs assessed under category 2 with allocated time bands and allowances, and disbursements of $1,724.78 were found necessarily and reasonably incurred; step 32 does not apply to originating applications.
23 Nov 2023
Sky Buildings Limited failed to comply with the statutory demand and produced no evidence to rebut the statutory presumption of inability to pay; the Court therefore had jurisdiction under s 241(4) and, exercising its residual discretion, ordered Sky into liquidation and appointed liquidators because permitting an apparently insolvent company to continue trading would risk creditors.
16 Nov 2023
There was a genuine and substantial dispute whether the applicant was a creditor; Avetar was able to pay its debts and not insolvent on the evidence; accordingly appointment of a liquidator was unjustified and the application was dismissed; just and equitable ground also not made as applicant was neither director nor shareholder and the dispute should be resolved in the Family Court or ordinary proceedings.
15 Nov 2023
Because there was a genuine dispute about remedial works and the debt, the statutory demand and liquidation proceedings should not have been issued to collect that debt; accordingly the plaintiff was not entitled to recover costs and costs were ordered to lie where they fall.
15 Nov 2023
Costs lie where they fall because both parties contributed to the need for court proceedings: the plaintiff made premature attempts to liquidate before the independent accountant completed work and failed to specify objections to the tax return, while neither party took adequate steps to resolve unexplained discrepancies or permit their accountants to confer; therefore no party is awarded costs.