In Stojkov v Kamal [2015] NZHC 2513 a creditor, Mr Stokjov, gave notice to the appointed liquidator, Mr Kamal, for a meeting of creditors to be called.  Mr Kamal did not call the meeting and maintained that the notice was given out of time.  Mr Stokjov reasonably pointed out that this was plainly incorrect.  Mr Kamal, despite clearly being in breach of his duty, still refused to call the meeting and later claimed (quite irrelevantly) that the cost of the meeting was not justified.

The Court held that, in breaching his duty under section 245(1)(b)(iii) of the Companies Act 1993, Mr Kamal's conduct was so unreasonable and out of the ordinary that he was required to pay the order for costs personally. He could not claim that it was a simple error of judgment on his part.

See Court decision here.