New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Debt collection costs

Legal area

Court

23 Oct 2018

CAPITAL PRODUCE LIMITED v BROOKLYN BAR AND BISTRO LIMITED [2018] NZHC 2735

Citation

[2018] NZHC 2735
Court

High Court

Because there were real and unresolved disputes about the amount claimed, concerns about the integrity of the process (including inconsistent calculations and questionable affidavit evidence), and no clear demonstration that winding up was required to protect creditors given the company's financials and available security of funds, the Court exercised its jurisdiction to stay the winding up proceeding and permanently prohibit advertising; the dispute should be resolved in ordinary proceedings or the Disputes Tribunal and the respondent's position is protected by funds held in trust and the ap…
5 Oct 2017

KIWI BOBCATS AND LANDSCAPING LIMITED v COUNTIES READY MIX LIMITED [2017] NZHC 2432

Citation

[2017] NZHC 2432
Court

High Court

Because the respondent continued to enforce a statutory demand despite the applicant having raised a bona fide dispute over the only remaining claimed sum (debt collection costs), the respondent acted without justification in not withdrawing the demand and must therefore pay the applicant's costs of the proceeding on an indemnity basis; no deduction for early filing of the bundle and synopsis is warranted.