New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Payment into solicitor's trust account

Legal area

Court

7 Apr 2008

CABLETALK LTDV TECHNOLOGY JUNCTION LTD AND ORS HC AK CIV 2005-404-000789

Citation

openlaw-896051f7_aa3b_4f0e_a2cf_b0c937c68bf2.pdf
Court

High Court

Given the exchange of communications, the subsequent agreement to pay the judgment sum into the respondents' solicitors' trust account pending appeal, and the shared responsibility for failure to clarify the basis for payment, the Court concluded neither party should be awarded costs of the applications; accordingly the respondents' application for costs was dismissed and costs were ordered to lie where they fall.
19 Dec 2007

SATU MARINE V VAUDREY MILLER YACHTS NZ LIMITED HC AK CIV 2007-404-6772

Citation

openlaw-6e982368_0723_4fbe_8377_2692f678be53.pdf
Court

High Court

The application was declined because the evidence of the defendant's financial difficulty, while more than speculative, was not sufficiently compelling to justify the requested interim order; the defendant was expected to quantify the refundable amount by mid-January and the interests of justice required imposing a timetable for affidavits and an early February review instead of ordering immediate payment into trust.