New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Counterclaim for debt

Legal area

Court

30 Jul 2019

AAM LTD v EXOTICA ENTERPRISE LTD (No 3) [2019] NZHC 1807

Citation

[2019] NZHC 1807
Court

High Court

AAM was the successful party overall against Exotica because it proved breach of the turnover warranty and obtained primary relief; costs were awarded to AAM from Exotica on category 2B but reduced by 25% to reflect defendants' partial successes and by a further 50% for the limited role of counsel after Mr Pereira's appearance; no costs awarded against Mr Karani; Manuka Masters succeeded but was not entitled to a separate costs award under r14.15; Exotica entitled to category 1A costs for the counterclaim with one additional day at 1A for subsequent work; disbursements to be fixed by the Regi…
10 May 2019

CLODE v OLIPHANT [2019] NZHC 297

Citation

[2019] NZHC 297
Court

High Court

The defendants established the threshold under r 5.45 by credible evidence of Clode's prior insolvency indicators, unpaid costs history, statements about lacking a bank account and failure to demonstrate improved finances; balancing the parties' interests the Court exercised its discretion to grant security for costs but limited it to a modest sum ($25,000) because the strongest merits points favouring Clode relate to the broader damages claim while the discrete remuneration claim could be isolated and justified a lower security figure; security to be paid in two instalments with specified ti…