9 Dec 2014
CLAYTON v CLAYTON [2014] NZHC 3140
- Citation
- [2014] NZHC 3140
- Court
- High Court
The debtor pursued a fundamentally flawed set‑aside application and filed misleading affidavit evidence on solvency which materially increased the time and expense of the proceedings; under High Court Rules r14.6 and r14.2(d) the creditor is entitled to costs with a 50% uplift on scale, resulting in an award of $20,596.50 plus disbursements and withdrawal of the adjudication application effective 9.30 am on 9 December 2014.