Licenced Assets Limited v Patel HC Wellington CIV-2009-485-1878 [2011] NZHC 7 (26 January 2011)

Last Updated: 7 February 2011

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

_{CIV-2009-485-1878}

BETWEEN LICENCED ASSETS LIMITED Plaintiff

AND RATILAL BHIKHABHAI PATEL AND NAGINBHAI GHELABHAI PATEL Defendants

Judgment: 26 January 2011 at 3.00 pm

_{JUDGMENT AS TO COSTS OF ASSOCIATE JUDGE D.I. GENDALL}

This judgment was delivered by Associate Judge Gendall on 26 January 2011 at

3.00 pm under r 11.5 of the High Court Rules.

Solicitors: Wells & Co, Solicitors, PO Box 28390, Remuera, Auckland

Guy & Toby Manktelow, Solicitors, PO Box 31-265, Lower Hutt, Wellington

LICENCED ASSETS LIMITED V RATILAL BHIKHABHAI PATEL AND NAGINBHAI GHELABHAI PATEL HC WN CIV-2009-485-1878 26 January 2011

[1] This was a proceeding for relief against forfeiture of a lease. The plaintiff is presently in receivership. On 16 November 2010, an order was made striking out the plaintiff’s proceeding because the plaintiff had failed to comply with an order for security for costs dated 2 November 2010. There was no appearance for the plaintiff. Costs were reserved.

[2] The defendants have filed a memorandum as to costs, seeking an order for costs against the plaintiff on a 2B basis. The plaintiff had not filed a memorandum.

[3] The defendants submit that, although they will rank as an unsecured creditor and the plaintiff apparently has no funds left with which to repay unsecured creditors, there is no reason why costs should not follow the event here. I agree. The plaintiff’s proceeding was struck out, and the defendants should therefore be entitled to costs as the successful party in the proceeding.

[4] Accordingly, the defendants are awarded costs on a 2B basis plus disbursements as fixed by the Registrar. An order to this effect is now made.

‘Associate Judge D.I. Gendall’