Official Assignee in bankruptcy of the property of Perkins v Smith

[2013] NZHC 3275

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-488-209 [2013] NZHC 3275

BETWEEN  OFFICIAL ASSIGNEE IN BANKRUPTCY OF THE PROPERTY OF MICHAEL OWEN PERKINS

Plaintiff

ANDJANET MARY SMITH First Defendant

ANDMICHAEL PERKINS Second Defendant

ANDOLIVER PERKINS Third Defendant

Hearing:                   9 December 2013 (On the papers) Counsel:  GAD Neil for Plaintiff

No appearance for Defendants

Judgment:                9 December 2013

JUDGMENT OF PANCKHURST J (RE:  COSTS)

[1]      The Official Assignee in bankruptcy of the property of Michael Perkins seeks indemnity costs following formal proof of a claim against the trustees of the Bay of Islands Trust.  In asserting that claim the Official Assignee stood in the shoes’ of the bankrupt in his capacity as a former trustee of the Trust.  The claim was advanced in reliance upon Mr Perkins’ right to be indemnified from the property of the Trust for proven advances he had made to the Trust.  Now, indemnity costs are sought on a

similar basis that is, in reliance upon the right of indemnity.

OFFICIAL ASSIGNEE v SMITH, PERKINS AND ANOR [2013] NZHC 3275 [9 December 2013]

[2]      Counsel provided a memorandum as to costs totalling $13,652.23, together with disbursements of $2,979.20.   I am satisfied that the costs and disbursements claimed are fair and reasonable.  Accordingly an indemnity amount of $16,631.43 is awarded.

Solicitors:

Meredith Connell, Auckland