15 Aug 2023
The court refused to discount the respondent's 2B costs claim because the contested argument occupied little hearing time and had contextual relevance; accordingly full costs inclusive of disbursements were ordered in the sum claimed ($13,188).
24 Jul 2023
Application dismissed because applicant failed to establish a genuine and triable cross-claim approaching or equalling the judgment debt; alleged tort claims were speculative, of limited and uncertain quantum, and the appeal was not sufficiently progressed to justify setting aside the bankruptcy notice.
19 Jun 2023
The set‑aside application was filed out of time, lacked merit on its face, and was pursued without adequate justification thereby causing unnecessary expense and discomfort; indemnity costs were appropriate and awarded at $13,220, and the stay of the adjudication was lifted upon discontinuance.
8 Aug 2022
Approved financial statements and shareholder resolutions recorded the shareholder current accounts as liabilities; absent contemporaneous evidence or independent accounting corroboration the applicants could not rebut the presumption that the balances were debts payable on demand; no sufficiently clear evidence of an implied agreement restricting withdrawals; no exceptional grounds to exercise s 290(4)(c) discretion; application to set aside statutory demands dismissed, limited extension for compliance ordered.
26 Nov 2018
The Court awarded actual and reasonable costs to the respondent in the amount of $14,095.65, finding the first two claimed components reasonable (totaling $14,095.65) but disallowing the third $5,250 component as an apparent and unjustified duplication; the applicant is also entitled to usual disbursements including its filing fee.
28 May 2015
Failure to serve the application and supporting affidavit on the judgment creditor within the 10 working day period required by s 17(4) and Form B2 meant the applicant failed to comply with the bankruptcy notice, thereby committing an act of bankruptcy; the application was therefore a nullity and was dismissed.
27 Jul 2010
The court was satisfied by the process server's affidavit that service of the bankruptcy notice on 28 June 2010 was valid; the debtor's timely filing of an application to set aside, even without an affidavit filed concurrently, was effective to stop time running; there were no substantive irregularities or new grounds or counterclaims that could properly set aside the underlying costs order; accordingly the application to set aside was dismissed and time under the bankruptcy notice restarts, with costs awarded to the creditor.
17 Nov 2008
The application was granted because the applicant provided an affidavit denying the debt and the respondent failed to appear or file an answering affidavit, making it appropriate to set aside the statutory demand.
6 Nov 2007
The court accepted the affidavits showing relevant work, reasonable time and appropriate rates, fixed costs of $3,526.00 in favour of Boffa Miskell Limited and $3,345.50 in favour of Waitakere City Council for the applications to set aside, and made a substituted global order that Waitakere recover $5,042.37 in total (incorporating earlier awarded costs) because of the debtor's delay and outstanding liabilities.
3 Sept 2007
The application to set aside the statutory demand was dismissed because the applicant did not proceed and had entered voluntary liquidation; indemnity costs of $2,867.25 were awarded against the applicant under r 48C(4) because the applicant acted frivolously and vexatiously by continuing the proceeding despite placing itself into liquidation, causing wasted costs; the request for costs against non‑party Mr Stephenson was reserved for decision after submissions.