21 Dec 2020
ROBBIES BAR AND BISTRO LTD v ROBBIES BAR AND BISTRO FRANCHISING LTD (in liq) [2020] NZHC 3484
- Citation
- [2020] NZHC 3484
- Court
- High Court
The plaintiffs failed to prove the required 'something more' to justify non-party costs: the Kofoeds were directing minds of a closely held, insolvent company but their advances and conduct were capable of being genuine attempts to preserve the company, there was no established impropriety or evidence they acted primarily for personal advantage or to evade liquidator claims, and the timing and evidence explained liquidation as a prudent commercial step; accordingly non-party costs were not justified.