6 Oct 2022
Because the parties entered a deed of settlement disposing of the residuary estate, the Court declined to decide whether to validate the checklist and instead granted letters of administration to the applicant under ss5 and 6 of the Administration Act 1969 and r27.35 of the High Court Rules 2016 directing distribution in accordance with the settlement.
29 Jul 2022
Divestment was not a practicable remedy given dependence on key personnel and bespoke integration; having regard to s83(2) factors and relevant precedent the appropriate starting point for a pecuniary penalty was NZD 2.2 million, a 30% discount for early admission and cooperation produced a final penalty of NZD 1.54 million which the Court ordered by consent.
23 Mar 2022
Where all persons with an interest in the surplus assets who have taken active steps in the litigation consent to the quantum of liquidators' costs and to the proposed distribution, the Court may, by consent, make orders approving those costs and directing distribution under s284 without the usual detailed evidential material.
22 Oct 2014
The parties reached a binding settlement recorded at hearing; the court entered judgment by consent for the plaintiff in respect of rates and penalties in the sum of $184,646.05, awarded costs of $15,353.95, and dismissed the defendant's counterclaims because they did not prevent entry of the consent judgment.
29 Oct 2013
The Court gave effect to the parties’ consent agreement: the application to prevent the caveat lapsing was dismissed on the condition that the respondent’s solicitors (Daniel Overton Goulding) give a written undertaking to pay $194,177.91 to the applicants’ solicitors within three working days of the notice of lapse appearing on the property identifier; consequential issues were left open and no order as to costs was made.
10 May 2010
The court accepted the affidavit showing service on 25 November 2009, thereby finding the applications were filed in time; the notices remained suspended under High Court Rules r 24.11 while the applications were pending; the parties' consent terms were approved and the applications were to be adjourned and dismissed on 13 July 2010, with the consequence that failure by Mr Mawhinney to pay the agreed settlement by 5:00 pm on 9 July 2010 would constitute an act of bankruptcy under s 17 permitting the Council to apply for adjudication.