New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Personal costs orders against solicitors
  • 20 Nov 2009

    ANZA DISTRIBUTING (NZ) LIMITED (IN LIQUIDATION) V USG INTERIORS PACIFIC LIMITED HC AK CIV 2007-404-003474

    Citation
    openlaw-395992ba_76c4_4713_9ce8_280168537b0e.pdf
    Court
    High Court

    Application for stay was dismissed because applicant failed to establish grounds for a stay: he did not demonstrate inability to pay or reduced capacity due to health, his allegations of solicitor misconduct were unsupported and irrelevant to the liquidators' and USG's entitlement to costs, the appeal would not be rendered nugatory as any payment could be repaid if appeal succeeds, and the balance of convenience favored immediate enforcement.

    • Stay of execution
    • Personal costs orders against solicitors
    • Entitlement to costs
    • Referral to law society
    • Instalment payments pending appeal