T Street Holdings Limited v Kaneba Limited

[2015] NZHC 2167

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-496 [2015] NZHC 2167

IN THE MATTER OF	section 290 of the Companies Act 1993
BETWEEN	T STREET HOLDINGS LIMITED Applicant
AND	KANEBA LIMITED Respondent

On papers
Judgment:	8 September 2015

JUDGMENT OF ASSOCIATE JUDGE MATTHEWS (Costs)

[1]      T Street Holdings Limited applied to set aside a demand made against it under s 289 of the Companies Act 1993.   On 10 August 2015, it discontinued the application.   Associate Judge Smith issued a minute on that day inviting the respondent to apply for costs if it wished to do so.  Memoranda have now been filed and referred to me.

[2]      The only issue between the two companies is whether costs should be in category 1 or category 2.  Counsel for T Street Holdings Limited says that preparing a statutory demand, and proceedings that arise out of a statutory demand, are routine, and as a result the proceedings should be in category 1.

[3]      I  have  reviewed  the  proceedings.    I am  also  familiar  with  a  substantial number of applications to set aside statutory demands and, therefore, the work involved in them.  I am satisfied that the appropriate classification of this proceeding

is category 2.

T STREET HOLDINGS LTD v KANEBA LTD [2015] NZHC 2167 [8 September 2015]

[4]      I therefore direct that T Street Holdings Limited will pay to Kaneba Limited costs on a 2B basis in the sum of $5,352, together with disbursements in the sum of

$305.50.

J G Matthews

Associate Judge

Solicitors:

Hazelton Law, Wellington for applicant

Alistair Maclean, Ponsonby for respondent