Lily O New Zealand Limited v Nantong Maymark Intl Trading Co Limited

[2014] NZHC 57

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-3904 [2014] NZHC 57

UNDER  the Companies Act 1993

IN THE MATTER             of an application for orders setting aside a statutory demand

BETWEEN  LILY O NEW ZEALAND LIMITED Applicant

ANDNANTONG MAYMARK INTL TRADING CO. LIMITED Respondent

Hearing:                   On the papers

Counsel:                  M Heard for applicant

HM Lim for respondent

Judgment:                4 February 2014

JUDGMENT OF FAIRE J [Costs]

Solicitors:           LeeSalmonLong, Auckland

ForrestHarrison, Auckland

LILY O NEW ZEALAND LIMITED v NANTONG MAYMARK INTL TRADING CO. LIMITED [2014] NZHC 57 [4 February 2014]

[1]      In  my  judgment  of  21 November  2013,  I  dealt  with  the  applicant’s application to set aside a statutory demand.  I reduced the amount which I found to be due and ordered that it be paid within 15 working days.  I gave a preliminary view that the case appeared to be a Category 2 case, and that the steps all appeared to fit within Band B.

[2]      Counsel for the respondent has filed a memorandum which calculates costs based on Category 2 and Band B for the three specific steps that have been taken in this case, plus disbursements, being the filing fee, totalling $8,567.50.

[3]      The  solicitor  for  the  applicant  has  advised  the  court  by  email  that  the applicant does not intend to file a memorandum in response and will abide the decision of the court on the question of costs.   In my view, that approach is the correct one.

[4]      I am satisfied that the analysis by counsel for the respondent of the steps and the amounts recoverable for each one of those steps is correct.

Order

[5]      I order that the applicant pay the respondent’s costs on the application to set

aside the statutory demand, including disbursements, in the sum of $8,567.50.

Faire J