23 Jun 2016
GLW GROUP LIMITED v LEPIONKA & COMPANY INVESTMENTS LIMITED [2016] NZHC 1380
- Citation
- [2016] NZHC 1380
- Court
- High Court
Lepionka misused the statutory demand procedure by issuing it despite a clear, substantial dispute arising from existing contested Auckland litigation and allegations against Lepionka's exercise of mortgagee powers; that conduct caused GLW unnecessary expense and justified increased (but not indemnity) costs. Accordingly GLW awarded $20,000 for the setting aside application inclusive of disbursements; no costs awarded for the liquidation claim as factors including GLW's solvency questions and subsequent payment and supporting creditors made costs award inappropriate.