New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Ex parte proceedings

Legal area

Court

12 Nov 2012

FISHER AND FISHER V PHILLIPS AND SARDINERO TRUSTEES LIMITED HC CHCH CIV 2010-409-001985

Citation

openlaw-eb81c411_272e_4375_b14c_6070bfe23e17.pdf
Court

High Court

Award costs to plaintiffs on scale for their success in the ex parte interim proceedings but only against the first‑named first defendant, Baydon John Phillips; Sardinero Trustees Limited not ordered to pay costs due to lack of active involvement; Baydon Phillips entitled to scale costs for his successful application to vary interlocutory orders, reduced by 25% to reflect partial success; no uplift awarded.
10 Oct 2008

KENSINGTON CONSTRUCTION LIMITED V VIVIAN JUDITH FATUPAITO HC AK CIV 2008-404-006554

Citation

openlaw-0b9b9cf0_0e35_4d28_aa9b_dd6f2ff3df74.pdf
Court

High Court

The Court exercised its discretion under s286(4)(b) to permit Vivian Judith Fatupaito to be appointed liquidator of the eight companies because the services provided by her firm to certain secured creditors did not compromise her independence or ability to perform her duties, she was not personally involved in those services, safeguards were imposed (exclusion of involved staff), and creditors retained immediate rights to challenge the appointment.