Singh v HSK Trading Limited (in liquidation)

[2023] NZHC 765

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-002227

[2023] NZHC 765

UNDER

Companies Act 1993, ss 284(1)(g) and 250

IN THE MATTER OF

An application to terminate the liquidation of HSK TRADING LIMITED (IN

LIQUIDATION)

BETWEEN

HARGUN SINGH

Applicant

AND

HSK TRADING LIMITED (IN LIQUIDATION)

First Respondent

CHRISTOPHER CAREY MCCULLAGH and STEPHEN MARK LAWRENCE

Second Respondents

CARTERS BUILDING SUPPLIES LIMITED T/A CARTERS

Third Respondent

Hearing:	On the papers
Counsel:	P J Morris for Third Respondent
Judgment:	5 April 2023

JUDGMENT OF ANDREW J

[Costs]

This judgment was delivered by Justice Andrew on 5 April 2023 at 3.00 pm

pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar

Date ………………………….

SINGH v HSK TRADING LTD (IN LIQ) [2023] NZHC 765 [5 April 2023]

[1]                 In my judgment of 30 November 2022, I dismissed Mr Singh’s applications under s 284 and 285 of the Companies Act 1993, seeking a declaration that the liquidators of HSK Trading Ltd (in liquidation) were improperly appointed and an order terminating the liquidation.1

[2]This judgment contains my decision on costs.

[3]                 The Court has received a brief submission from the third respondent on the issue of costs. No documents have been received from the other parties, and in particular from Mr Singh.

[4]                 It is clear that the third respondent was the successful party in the litigation. Costs follow the event and the third respondent is entitled to costs in accordance with the principles set out at r 14 of the High Court Rules 2016.

[5]                 I order that Mr Singh is to pay costs to the third respondent on a 2B basis in the total sum of $5,616.50, together with disbursements of $95.65.

Andrew J

1      Singh v HSK Trading Ltd (in liq) & Ors [2022] NZHC 3176.