27 Jun 2014
510 INVESTMENTS LIMITED v CHK HOSPITALITY LIMITED [2014] NZHC 1510
- Citation
- [2014] NZHC 1510
- Court
- High Court
The statutory demand was set aside by consent and the court applied the presumption that a withdrawing creditor will normally pay costs; here the liquidators issued the demand after receiving a letter (7 May) that was sufficient to raise a dispute and then withdrew the demand, demonstrating improper use of the demand as pressure; no good reason existed to depart from the presumption so the applicant was awarded costs on a 2B basis plus disbursements to be fixed by the Registrar.