18 Apr 2012
WESTPAC NEW ZEALAND LIMITED V CHRISTOPHER THOMAS JACOB HC AK CIV 2010-404-005069
- Citation
- openlaw-67aa3419_9729_46c8_a506_6b06080efbc6.pdf
- Court
- High Court
The court awarded indemnity costs against Peter W J Paalvast because he acted vexatiously, frivolously, improperly and unnecessarily by continuing the approval application despite known facts and clearly established law (including improperly rejecting creditor votes and failing to give required notice), such conduct amounting to abuse of process and meeting the high threshold for indemnity costs under r14.6(4) and applicable case law; indemnity costs of $8,786 were ordered payable to Westpac and may be taken into account in Paalvast's bankrupt estate.