10 Sept 2013
WEST v COWLEY [2013] NZHC 2356
- Citation
- [2013] NZHC 2356
- Court
- High Court
Applying r15.23, the court found the plaintiff's claim was unlikely to yield any shareholder benefit given the company's liquidation and lack of surplus; both sides negotiated in good faith and defendants were not unreasonably opposed to plaintiff's proposals; accordingly the presumption in r15.23 was not displaced and defendants were awarded costs for 2012 steps totalling $12,425.80; deferral under s51G(2) was refused.