Pembroke Stud Limited v Queenstown Lakes District Council HC Dunedin CIV 2010-412-437

[2010] NZHC 1379

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIV 2010-412-000437

BETWEEN  PEMBROKE STUD LIMITED Plaintiff

ANDQUEENSTOWN LAKES DISTRICT COUNCIL

Defendant

Hearing:         (On papers) Judgment:  13 August 2010

COSTS JUDGMENT OF FOGARTY J

[1]      The plaintiff applied to set aside a statutory demand.  It was withdrawn by consent.  There is an outstanding issue of costs.  I have heard argument by written submissions from both parties.

[2]      The application  to  set  aside the statutory demand  was  made in  order  to comply with the statutory period for filing such a demand.  The time that the plaintiff had to consider the merit of the statutory demand was limited by reason of a problem of communication between the plaintiff’s registered office, being an accountant firm, and the principal of the plaintiff company.  The principal was not notified until four days after service.  This is because of delays within that firm.

[3]      I do not think these delays should be visited on the defendant.  The fact that the parties quickly reached a settlement indicates that such a settlement was likely to have been reached before the time for filing the notice of application to set aside the demand.   I am satisfied that there was a reasonable basis for issuing the statutory

demand in the first place.

PEMBROKE STUD LIMITED  V QUEENSTOWN LAKES DISTRICT COUNCIL HC DUN CIV 2010-412-

000437  13 August 2010

[4]      Accordingly, the plaintiff is not entitled to costs. Costs lie where they fall.

Solicitors:
Gallway Cook Allan, Dunedin, for Plaintiff
Macalister Todd Phillips, Queenstown, for Defendant