New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S 138 companies act 1993 defence
  • 2 Jun 2022

    DEBUT HOMES LIMITED (IN LIQUIDATION) v COOPER [2022] NZHC 1302

    Citation
    [2022] NZHC 1302
    Court
    High Court

    The plaintiffs were substantially successful; the claimed costs and disbursements were reasonable and payable in full against the first defendant, with a 50% share of costs and disbursements to be borne jointly and severally by the first and second defendants and the remaining 50% by the first defendant alone; expert travel costs and second counsel certification were justified; post-hearing attendances on the late s 138 defence were recoverable; interest at 5% per annum from the date of liquidation (7 March 2014) to judgment (15 March 2018) was payable and the substantive judgment was recalle…

    • Breach of directors' duties
    • S 299 companies act 1993 (setting aside security)
    • S 301 companies act 1993 (compensation)
    • S 138 companies act 1993 defence
    • Costs assessment and apportionment
    • Interest under the judicature act 1908