6 Jul 2023
Bloodstock was entitled to costs on a 2B basis but specific claimed time was reduced because some claimed scale allowances exceeded actual work: the appearance allowance was reduced to 0.75 of a day and the preparation allowance for two short memoranda was reduced from 1.5 days to 0.4 days, producing an award of $9,679.50 plus disbursements $644.96.
30 Mar 2023
The applicant failed to demonstrate good reason in the interests of justice to justify preparation of a transcript or permission to copy the court's electronic record under r 9(5); the existing minute and record were adequate and there was no basis to require the judge to refer unproven allegations to the police.
13 Oct 2022
There was no basis to set aside the bankruptcy notices so the applications failed; Exuberant Ltd had no defence to the statutory demand and must be wound up, with liquidators appointed in accordance with their consent and subject to statutory conditions (s 284), and the plaintiffs are entitled to indemnity costs; liquidators may act individually (s 242).
2 Nov 2020
The application for recall is declined because the alleged errors primarily raise contested factual issues appropriate for appeal rather than recall, the Horowhenua criteria for recall are not satisfied, there is no utility in recalling a judgment where the applicant was subsequently adjudicated bankrupt and abandoned his adjudication appeal, and the applicant has not adequately explained the extraordinary delay in seeking recall.
2 Oct 2020
The application to amend the grounds of appeal was declined because the questions of law identified by Woolford J provided the appropriate basis for the appeal and the additional matters either were not amenable to appeal or were adequately reflected in the granted grounds.
6 May 2020
Recusal refused because no reasonable apprehension of bias existed; the Associate Judge properly addressed the banned litigant issue and referral of the leave question to a High Court Judge was lawful and appropriate, procedural steps taken were within judicial duty, and nothing in the conduct would lead a fair‑minded observer to conclude the Judge could not decide the case on its merits.
7 May 2019
The application to set aside the bankruptcy notice is adjourned for medical evidence on the creditor's capacity; the judgment of 26 April 2017 is final and interest is payable; the bankruptcy notice is not set aside for the address defect because payment may be directed to the creditor's solicitors and procedural cure is available; cross-examination is declined at this interlocutory stage and a specialist medical assessment must be obtained first.
1 Apr 2019
The Court held the respondent's affidavit evidence (Mr Russell) and the solicitors' warrant under the Rules sufficiently established Hutchison's authority to act for FM Custodians Ltd; speculative challenges and absence of primary delegation documents did not undermine the summary judgment or justify setting aside the bankruptcy notice; no prejudice was shown; appeal dismissed and indemnity costs awarded.
26 Sept 2018
The Court held that the bankruptcy notice was invalid as to Mrs Bamber because she was not validly served; the notice was valid as to Mr Bamber because he was validly served. Mr Bamber's asserted s17 counterclaim failed because the set-off issue was raised and decided on the merits in prior Māori Land Court proceedings, creating an estoppel and precluding reliance on s17. Irregularities (naming two debtors and relying on multiple judgments) did not vitiate the notice given the common response and same litigation context. The application was adjourned to allow compliance by Mr Bamber.
7 Nov 2017
The presumption in r 15.23 was not displaced: the debtor paid at the eleventh hour after the creditor incurred preparatory and opposition costs and the debtor abandoned the application by consent; accordingly costs were awarded to the judgment creditor on a 2B basis in the sum claimed ($9,700.50) plus disbursements ($110).