18 Dec 2009
THE NEW ZEALAND GUARDIAN TRUST AND ST LAURENCE LENDING LIMITED AND ORS HC AK CIV 2009-404-000579
- Citation
- openlaw-4862e3ac_be78_4c7f_8921_517bbed026dc.pdf
- Court
- High Court
The court awarded costs to the provisional trustee but reduced the amount by 10% because the trustee and debtor failed to comply with the s330 statutory time limits for circulating proposal materials, which disadvantaged the opposing creditor; the reduction is made by analogy to r14.7 considerations. The trustee's claimed costs exceeded the $20,000 provision in the proposal and the court fixed costs at $4,716 plus Registrar‑fixed disbursements.