SAVVY VINEYARDS 4334 LTD v WETA ESTATE LTD [2018] NZHC 1771

SAVVY VINEYARDS 4334 LTD v WETA ESTATE LTD [2018] NZHC 1771

Court awarded costs now on a 2B basis, certified second counsel, and reduced the plaintiffs' claimed costs by 20% to reflect the additional costs caused by failed causes of action and unsuccessful arguments; allowed a reduced discovery component (30% of claimed), disallowed document inspection and certain witness/expert travel and invoice claims (Grant and Dr Jordan), allowed the interim injunction costs and filing fee, and declined costs on the costs application, resulting in awarded costs of $37,731.60 against the defendants jointly and $4,906 against the first defendant for the injunction application, with disbursements to be fixed by the Registry.

Citation
[2018] NZHC 1771
Parties
First Plaintiff: SAVVY VINEYARDS 4334 LIMITED; Second Plaintiff: SAVVY VINEYARDS 3552 LIMITED; First Defendant: WETA ESTATE LIMITED; Second Defendant: TIROSH ESTATE LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 July 2018
Procedural Posture
Civil Contract Dispute / Costs Assessment After Liability Stage
Outcome
Partially for plaintiffs: costs awarded on 2B with reductions and specific disallowances; costs on costs application declined
Legal Topics
Contract Interpretation, Options to Purchase, Grape Supply Agreements, Costs Assessment and Categorisation (2 B), Rectification, Interim Injunction, Expert Witness Costs
Contract Law Civil Procedure Costs Equity Contract Interpretation Options to Purchase Grape Supply Agreements Costs Assessment and Categorisation (2 B) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

SAVVY VINEYARDS 4334 LIMITED

First Plaintiff

SAVVY VINEYARDS 3552 LIMITED

Second Plaintiff

WETA ESTATE LIMITED

First Defendant

TIROSH ESTATE LIMITED

Second Defendant

Procedural Posture

Civil Contract Dispute / Costs Assessment After Liability Stage

Legal Issues

  1. 1 Whether to decide costs now or defer until damages hearing
  2. 2 Appropriate costs categorisation (2B)
  3. 3 Certification of second counsel

Ratio Decidendi

Court awarded costs now on a 2B basis, certified second counsel, and reduced the plaintiffs' claimed costs by 20% to reflect the additional costs caused by failed causes of action and unsuccessful arguments; allowed a reduced discovery component (30% of claimed), disallowed document inspection and certain witness/expert travel and invoice claims (Grant and Dr Jordan), allowed the interim injunction costs and filing fee, and declined costs on the costs application, resulting in awarded costs of $37,731.60 against the defendants jointly and $4,906 against the first defendant for the injunction application, with disbursements to be fixed by the Registry.

Court Disposition

Partially for plaintiffs: costs awarded on 2B with reductions and specific disallowances; costs on costs application declined

Orders

  • Plaintiffs awarded costs of $37,731.60 against the defendants jointly
  • Disbursements to be fixed by the Registry (to take account of GST) and are to be paid by the defendants jointly