New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unsubstantiated allegations by lay litigants
  • 23 Jul 2012

    DUNPHY & SHEPHERD v NGATI MUTUNGA o WHAREKAURI TRUST HC WN CIV 2010-485-2185

    Citation
    openlaw-093abd89_c6d9_434c_9396_5c3fa8761c32.pdf
    Court
    High Court

    The s 250 application was dismissed as completely without merit and containing unsubstantiated serious allegations; indemnity costs were not awarded because the allegations, while unsubstantiated, were the type commonly filed by lay litigants and did not justify indemnity given the applicant's non‑attendance at the hearing; a reasonable contribution to actual costs of $5,000 was awarded to each of the liquidators and the new Trust.

    • Termination of liquidation
    • S 250 companies act 1993
    • Costs and indemnity costs
    • Unsubstantiated allegations by lay litigants
    • Recusal