Chang-Hooker v Rooke

[2013] NZHC 2182

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2013-404-002584

[2013] NZHC 2182

BETWEEN

SANDY YINONG CHANG-HOOKER

Applicant/Judgment Debtor

AND

DAVID JOHN ROOKE

Respondent/Judgment Creditor

Hearing:	On the papers
Appearances:	S Y Chang-Hooker the Applicant/Judgment Debtor D J Rooke the Respondent/Judgment Creditor
Judgment:	27 August 2013

JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

This judgment was delivered by me on

27.08.13 at 2:30pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

S Y CHANG-HOOKER v D J ROOKE [2013] NZHC 2182 [27 August 2013]

[1]    On 11 July 2013 I heard and then dismissed Ms Chang-Hooker’s application to set aside Mr Rooke’s bankruptcy notice. I ruled the notice would not be set aside. The Court’s only concern at that time was to deal with Ms Chang-Hooker’s challenge to the service of a bankruptcy notice which she said was invalid.

[2] I held the bankruptcy notice was not invalid and then extended time for compliance with the bankruptcy notice to 31 July 2013.

[3]      I noted that costs were reserved – I also said:

If Ms Chang-Hooker does not satisfy the bankruptcy notice by 31 July 2013 then Mr Rooke is invited to apply to the Court fixed costs on the setting aside application on a 2B basis.

[4]  Ms Chang-Hooker interprets this statement to mean that she would have to pay no costs on her setting aside application if she paid her judgment debt by 31 July 2013.

[5]   My ruling does not support Ms Chang-Hooker’s interpretation.  Whether or not the bankruptcy notice was satisfied by 31 July 2013, Mr Rooke was entitled to payment of his costs in his successful defence of the setting aside application. The fact is that whether Ms Chang-Hooker paid the judgment debt or not by due date, she has a responsibility for legal costs incurred in the defence to her own application.

[6]      I have considered Mr Rooke’s claim for costs calculated on a 2B scale basis. I agree those costs be calculated on the basis that half a day be charged both for preparation and for the court hearing.

[7]      Accordingly costs are awarded against Ms Chang-Hooker in the sum  of

$4,230.00 inclusive of disbursements.

Associate Judge Christiansen