Cool Cars (Wholesale) Limited (in liquidation) v Sharma aka Kumar

[2014] NZHC 583

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2013-419-818 [2014] NZHC 583

UNDER

THE COMPANIES ACT 1993, Section

301

BETWEEN

COOL CARS (WHOLESALE) LIMITED (IN LIQUIDATION) a duly incorporated company with a registered office 12

Tristram Ave, Te Rapa, Hamilton

Plaintiff

AND

IRENE REENITA SHARMA aka IRENE REENITA KUMAR, company director, Hamilton

First Defendant

PREM WATI KUMAR, business person, Hamilton

Hearing:	13 February 2014
Appearances:	Mr D Hayes for Plaintiff Mr S McKenna for Defendants (on papers 12 March 2014)
Judgment:	27 March 2014

JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE [on Costs]

This judgment was delivered by me on

27.03.14 at 12 noon, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

COOL CARS (WHOLESALE) LIMITED (IN LIQUIDATION) v SHARMA [2014] NZHC 583 [27 March 2014]

[1]      I gave judgment in this matter on 24 February 2014.  The matter of costs was stood over for counsel to confer about. They have not been able to agree.

[2]      Mr McKenna responsibly accepts that a costs order can properly be made in favour of the plaintiff.  He suggests however the costs categorisation should be 1A on the basis that the proceedings were of low complexity and that the steps taken in the matter required a comparatively small amount of time.

[3]      I am not able to agree with Mr McKenna’s submission.  The proceeding was one of average complexity and therefore ought to be categorised as Category 2.  As to the determination of a reasonable time (HCR r 14.5).  I consider that this was a case where a “normal amount of time” was reasonable and therefore the proceeding should be Category B.

[4]      Accordingly I make an order that the defendant is to pay costs of $12,238.50 and is also to pay disbursements of $600 to the plaintiff.

J.P. Doogue

Associate Judge