Credit Contracts and Consumer Finance Act 2003

Enforcement and remedies - Prohibition on certain creditors, lessors, transferees, and buy-back promoters

110: Costs

You could also call this:

"Paying costs when there's a problem with a credit contract"

Illustration for Credit Contracts and Consumer Finance Act 2003

You can go to the District Court if you have a problem with a credit contract. The court can order one party to pay some or all of the costs of the other party. You can recover these costs as a debt if the court orders someone to pay them to you. You might have costs because of a proceeding under section 108. The District Court can make an order about who pays these costs. The court's order is like a debt that must be paid. If the court orders someone to pay costs, they must pay the debt to the other party. This is how costs work in the District Court. The court's decision is final and the debt must be paid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM213195.

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Part 4Enforcement and remedies
Prohibition on certain creditors, lessors, transferees, and buy-back promoters

110Costs

  1. In any proceedings under section 108, the District Court may make an order for the payment by any party to the proceedings of the whole or any part of the full costs incurred in connection with the proceedings by any other party to the proceedings.

  2. The costs so awarded are recoverable as a debt due by the party against whom they have been awarded to the party in whose favour they have been awarded.

Compare
  • s 39(4)