6 Mar 2014
SMITH AND PARTNERS (a firm) v LAURENSON [2014] NZHC 389
- Citation
- (2014) 22 PRNZ 179
- Court
- High Court
The court declined to follow Re Peacock and held that receipt of payment of the principal debt does not automatically preclude a creditor from claiming costs unless the creditor has genuinely agreed to abandon the claim for costs; orders for adjudication and costs are not inconsistent and a creditor may withdraw the adjudication application while maintaining a claim for costs if it has not engaged to abandon that claim and has reserved its rights.