18 Nov 2014
The applicant was entitled to costs because the interim orders made on the application resolved the core disputes and the liquidator had taken unreasonable positions as to possession and ownership of fixtures; costs were awarded against the liquidator personally but assessed at category 2B (average complexity) rather than 3B, totaling $7,462.50 plus disbursements.
3 Sept 2014
Indemnity costs were refused because the plaintiffs' conduct did not meet the high threshold of flagrant or exceptionally bad behaviour; however, the plaintiffs conceded the set aside application on the eve of hearing and the circumstances (including personal undertakings by liquidators and inability to secure costs) justified an award of scale costs of $13,134 and disbursements of $3,260 to LY, to be paid by the second plaintiff and the liquidators personally (subject to any company indemnity).
20 Feb 2014
Leave to file the security for costs application out of time and the substantive application were dismissed because the defendants failed to adequately explain the extensive delay, there was insufficient material to show plaintiffs would be unable to pay or that New Zealand costs orders would be unenforceable in Australia, and no irreparable damage to defendants was demonstrated such as would justify overriding the prejudice of late filing.
19 Nov 2012
Leave to appeal was refused because, although arguable errors of reasoning were identified, the matter did not satisfy the leave criteria: the monetary stake was small, the primary function of a second appeal is not to correct error, it was uncertain that the respondent would have an adequate alternative remedy under s 284, and the applicant's conduct (giving an assurance and failing to pay while paying other lesser priority debts) did not justify granting leave.
25 May 2012
The applicant, being the effective successful party, was entitled to costs on a 2B basis against the company in liquidation; there were no sufficient grounds to order costs against the liquidator personally nor to justify an uplift on scale, and an incorrect financing statement did not negate the applicant's entitlement to costs against the company.
30 Nov 2010
Because the litigation in respect of the first cause of action is brought by a company in liquidation and appears to be funded for the benefit of a single creditor, the court ordered security for costs limited to the first cause of action, fixed at $30,000 with staged payment ($15,000 now and the balance on the matter being set down), and imposed a stay of the first cause of action if security is not provided; costs of the application were ordered against the first plaintiff on a 2B basis.
11 Jun 2010
There was insufficient evidence on the record to conclude the plaintiff would be unable to pay defendants' costs; the Court therefore ordered the plaintiff be given an opportunity to file an affidavit disclosing his ability to pay by a stated deadline rather than drawing an adverse inference or ordering security at that stage.