8 Feb 2017
The applicants were awarded costs of $11,150 on a 2B basis for the resumed hearing because they succeeded on the final amended scheme and the challenged respondents had re‑litigated previously decided matters; costs for the interim judgment were ordered to lie where they fall; applicants entitled to reasonable disbursements and respondents were held jointly and severally liable for the costs awarded.
7 Oct 2016
Leave to appeal was granted because the appeal raised a clear question of law suitable for determination by this Court: whether the Employment Court erred in law in using its power under clause 5 of Schedule 3 of the Employment Relations Act 2000 to order a rehearing of a challenge dismissed by a final judgment.
2 Jun 2016
The District Court costs judgment remained a final judgment and execution had not been stayed; therefore the bankruptcy notice was valid and the application to set it aside failed.
17 Jul 2009
Because the Court of Appeal (and Supreme Court on leave) ruled that the District Court judgment was final for s19(1)(d) and that counterclaims/set-offs excluded by the Construction Contracts Act scheme cannot be relied on to set aside a bankruptcy notice, and because there was no evidential foundation to invoke the inherent jurisdiction to achieve an outcome contrary to statute, the application to set aside the bankruptcy notice is dismissed.
26 Sept 2008
Defendants were entitled to judgment for the amounts stated in their draft judgment (schedule A) and to indemnity costs, but the claimed indemnity costs were excessive and should be reduced to $30,000 and $40,000 respectively.
3 Mar 2008
The correct course is to remove the discrete legal question—whether a s74 order entering an adjudicator's determination is a 'final judgment' for s19(1)(d)—into the Court of Appeal under rr417-419 for determination; the High Court will adjourn the applications to set aside the bankruptcy notices pending that determination and on condition the debtors prosecute the appeal promptly.
3 Mar 2008
The court ordered the discrete legal question—whether an order under s 74 of the Construction Contracts Act 2002 enforcing an adjudicator's determination is a final judgment for s 19(1)(d) of the Insolvency Act 1967—be determined by the Court of Appeal together with the judgment debtors' appeal; the applications to set aside the bankruptcy notices were otherwise adjourned on condition the appellants prosecute the appeal diligently.