18 Sept 2020
PHILLIPS v NGATI TAMA CUSTODIAN TRUSTEE LIMITED [2020] NZHC 2433
- Citation
- [2020] NZHC 2433
- Court
- High Court
The Court held that the respondent was entitled to recover scale costs for issuing the bankruptcy notice and for opposing the set-aside application because (a) the email correspondence did not amount to a full and final settlement, (b) the respondent acted reasonably in issuing the notice after the judgment was sealed and after a demand was ignored, and (c) costs are assessed based on the reasonableness of the response rather than the size of the underlying judgment debt; accordingly the applicant was ordered to pay costs totaling $7,749.50.