8 Jul 2020
SYNERGY ENTERPRISES LIMITED v MEMELINK [2020] NZHC 1615
- Citation
- [2020] NZHC 1615
- Court
- High Court
Memelink did not have authority to act for the Trust in seeking costs because trustee unanimity was not shown and the purported replacement trustee's appointment could not be established; s248 Companies Act 1993 did not automatically stay a costs claim against a trustee company in its capacity as trustee where any liability would be payable from trust assets and liquidator steps into trusteeship; overall, although the presumption in r15.23 was displaced given the conduct and circumstances, it was not just to award costs to the applicants and the appropriate outcome was that costs lie where th…