FAF Holdings Limited (in liquidation) v Madsen-Ries
[2018] NZHC 2067
•14 August 2018
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2015-412-080
[2018] NZHC 2067
UNDER the Companies Act 1993 IN THE MATTER
of the liquidation of FAF Holdings Limited (In Liquidation)
BETWEEN
FAF HOLDINGS LIMITED (IN LIQUIDATION)
First Plaintiff
VIVIEN JUDITH MADSEN-RIES and
HENRY DAVID LEVIN as liquidators of FAF HOLDINGS LIMITED (IN
LIQUIDATION)
Second PlaintiffsAND
RICHARD JOHN BETHUNE
Defendant
Hearing: On the papers Appearances:
K H Morrison and J O’Connell for the Plaintiffs P R Cogswell for the Defendant
Judgment:
14 August 2018
JUDGMENT OF WOODHOUSE J
(Costs)
This judgment was delivered by me on 14 August 2018 at 3:30 p.m. pursuant to r 11.5 of the High Court Rules 1985.
Registrar/Deputy Registrar
……………………………………
Solicitors:
Ms K H Morrison, Meredith Connell, Solicitors, Auckland Mr P R Cogswell, Cogswell Law, Auckland
FAF HOLDINGS LTD (IN LIQ) v BETHUNE [2018] NZHC 2067 [14 August 2018]
[1] This is a judgment for costs in favour of the plaintiffs following the substantive judgment.1
[2] The plaintiffs filed a memorandum in accordance with the directions in the substantive judgment seeking costs of $61,771 on a 2B basis together with disbursements of $1,007.83.
[3] There was no memorandum in response for the defendant. Following further enquiries by the case officer Mr Cogswell, for the defendant, advised that he had no instructions to respond to the plaintiffs’ costs memorandum.2
[4] I am satisfied that the quantum sought by the plaintiffs is in accordance with the relevant schedules to the rules and the disbursements sought are reasonable.
[5] Accordingly, there is an order that the defendant pay costs and disbursements to the plaintiffs in a total sum of $62,778.83.
Woodhouse J
1 FAF Holdings Ltd (in liq) v Bethune [2017] NZHC 2796 at [186].
2 Inadvertently, the plaintiffs’ memorandum and Mr Cogswell’s advice were not referred to me until 30 April 2018.
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