New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Liquidator actions

Legal area

Court

21 Oct 2019

NORRIE v RAVIKULAN [2019] NZHC 2689

Citation

[2019] NZHC 2689
Court

High Court

The non-party exception did not apply; the court exercised its discretion to award costs against the liquidator's estate after weighing the liquidator's status and statutory function alongside factors including that the litigation primarily served the liquidator's own interests, he was on notice of risk of costs, and the defendant actively defended the matter. Accordingly costs were awarded to the defendant in the agreed sum of $11,756 inclusive.
28 Feb 2011

RVGR TRUSTEES LIMITED V PERRY & ASSOCIATES LIMITED HC WN CIV-2010-485-1454

Citation

openlaw-1ad21fda_0124_486c_84a0_a286435e788e.pdf
Court

High Court

Security for costs was ordered in the sum of $35,000 and the proceeding stayed until security provided because, balancing factors, the plaintiff is impecunious and the defendant faces real exposure to unrecoverable 2B costs for a five day trial, the plaintiff's claim is arguable in part but the liquidator's position does not preclude a security order; amount reduced to reflect the company's liquidation status.