Wanganui District Council v Page HC Wanganui CIV-2010-483-134

[2011] NZHC 1286

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CIV-2010-483-134

IN THE MATTER OF     the Insolvency Act 2006

AND IN THE MATTER OF the bankruptcy of ADRIAN NEIL PAGE

BETWEEN  WANGANUI DISTRICT COUNCIL Judgment Creditor

ANDADRIAN NEIL PAGE Judgment Debtor

Judgment:      11 October 2011 at 3:30 PM

DECISION OF ASSOCIATE JUDGE D.I. GENDALL

This decision of Associate Judge Gendall was delivered on 11 October 2011 at 3.30 pm under r 11.5 of the High Court Rules.

Solicitors:           Armstrong Barton, Solicitors, PO Box 441, Wanganui

[1]      In a judgment I issued in this proceeding on 21 July 2011 I dismissed an application made on 14 March 2011 by the judgment debtor Adrian Neil Page (Mr

WANGANUI DISTRICT COUNCIL V AN PAGE HC WANG CIV-2010-483-134 11 October 2011

Page) for an order effectively annulling his own bankruptcy.   Mr Page was adjudicated bankrupt by this Court on 24 February 2011.

[2]      In that judgment I reserved costs.

[3]      Then on 30 August 2011 I issued a minute in this proceeding on the question of costs.  This minute gave directions regarding the filing of Memoranda on costs by both the Official Assignee and the judgment debtor, as the judgment creditor had already filed a memorandum dated 1 August 2011 seeking costs.

[4]      The Official Assignee has sought not to file any Memorandum as to costs here.

[5]      In addition, as I understand the position from the Registrar, notwithstanding this court Minute of 30 August 2011 giving the judgment debtor until 20 September

2011 to file and serve any Memorandum he may wish on the costs question, Mr Page has advised that he does not intend to file a Memorandum or make any submissions.

[6]      That  said,   I  now  deal  with  the  question  of  costs,  based  upon  the Memorandum from counsel for the judgment creditor, and the other material on the file.

[7]      In  my judgment  in  this  proceeding  dated 21  July 2011  I noted  that  Ms Woodcock, who appeared as counsel for the judgment creditor, Wanganui District Council  and  also  for  the  Official  Assignee  to  oppose  the  application  for  an annulment order was successful in that opposition.

[8]      As such, in the usual course where costs follow the event, (as set out in r

14.2(a) High Court Rules,) the judgment creditor here would be entitled to costs on its successful opposition to the annulment application.

[9]      In this case I see no reason to depart from that general principle and the usual position.  An order is now made therefore awarding costs to the judgment creditor against Mr Page with respect to this application on a category 2B basis together with disbursements as fixed by the Registrar.

‘Associate Judge D.I. Gendall’