Anderson v Yazdi

[2021] NZHC 3523

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-822

[2021] NZHC 3523

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of SAYED MOHAMMED KAZEMI YAZDI

BETWEEN

THOMAS RAYMOND DIXON ANDERSON

Judgment Creditor

AND

SAYED MOHAMMED KAZEMI YAZDI

Judgment Creditor

Hearing:	On the papers
Appearances:	R Coltman for the Judgment Creditor
Judgment:	17 December 2021

COSTS JUDGMENT OF ASSOCIATE JUDGE SUSSOCK

This judgment was delivered by me on 17 December at 3pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Duncan Cotterill, Auckland

ANDERSON v YAZDI [2021] NZHC 3523 [17 December 2021]

Introduction

[1]                 The judgment debtor was adjudicated bankrupt on 16 September 2021. Costs were reserved for the filing of a memorandum on behalf of the judgment creditor.

[2]                 A memorandum has been filed with costs sought on a 2B basis for steps 44, 45, 46 and 29 of Schedule 3 of the High Court Rules 2016. These costs are appropriately claimed and so I make an order on that basis below.

[3]                 Disbursements are also claimed for filing fees, service and the sealing fee for the order adjudicating the debtor bankrupt amounting to $1,261.75. Copies of the invoices for the fees of the process server are attached to the memorandum. These disbursements appear to be properly claimed.

Result

[4]Costs are awarded to the judgment creditor on a 2B basis in the amount of

$3,346.00 plus disbursements of $1,261.75 as sought.

Associate Judge Sussock