7 Sept 2021
The court accepted the Bradbury parties' originally filed schedules in the prior costs judgment and Justitiae had earlier accepted entitlement to costs; therefore belated objections filed after the costs judgment were not permitted and the costs must be quantified in accordance with the accepted schedules, with the recall application refused.
26 Mar 2021
The adjudication was ordered because the sealed costs judgment remained in force (no appeal filed), the debtor had no valid defence to the debt, procedural irregularity alleged (District Court stamp) was immaterial, and payments to the late mother's vehicle did not create a security interest enforceable by the debtor; the debtor also declined to pay, warranting adjudication under the Insolvency Act 2006.
2 Aug 2013
The Assignee did not err in admitting the Environment Court costs judgment as a proven debt because the judgment was entered against the applicant, predated adjudication in bankruptcy and emanated from a court of competent jurisdiction; absent clear evidence of payment or successful challenge in the original forum, the Assignee properly included it in the estate.
20 Dec 2011
The Court exercised its discretion balancing prejudice and practicalities and concluded defendants would suffer substantial prejudice if stay granted; accordingly the stay was denied in part and granted in part with conditions: immediate unconditional payments to the third defendant of NZD 28,000 and to the first defendant of NZD 14,000, and the balance NZD 13,610 plus interest to be paid into defendants' solicitors' trust account by a specified date with restraints on disposal of specified vehicles pending payment; failure to comply causes the conditional stay to lapse; costs on a 2B basis t…