New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Priority of costs

Legal area

Court

24 Oct 2014

FANKHAUSER & ORS v STRONGLINE BUILDINGS LIMITED [2014] NZHC 2629 .

Citation

[2014] NZHC 2629
Court

High Court

Plaintiffs are entitled to recover their actual and reasonable costs from the company for obtaining the liquidation order (subject to GST adjustment and the company's asset position), but they failed to establish the exceptional circumstances required by Dymocks to order costs against the non-party trustees who promptly consented to liquidation; therefore no costs order against the trustees and quantum to be fixed after GST clarification.
29 Nov 2010

POLYETHYLENE PIPE SYSTEMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V BOSCH IRRIGATION LIMITED HC CHCH CIV-2010-409-000885

Citation

openlaw-5e9f6fd3_dc85_4f54_a42e_4a68c8abf289.pdf
Court

High Court

Leave was granted to the receiver to continue proceedings in the company's name because the security unequivocally extended to the cause of action, the claim was not plainly unsustainable, unsecured creditors would not be prejudiced by conditions protecting them, and appropriate protective conditions could be imposed: payment of $50,000 into court as security for costs, personal indemnity by Browne for any adverse costs exceeding that security, Browne to meet all prosecution costs and disbursements, and allowance for the defendant to continue its counterclaim. Costs incurred by Browne in enfo…