RODNEY MARK GIBSON AND ANOR V RICHARD JOHN CURTIS AND ANOR HC WN CIV 2007-485-907

RODNEY MARK GIBSON AND ANOR V RICHARD JOHN CURTIS AND ANOR HC WN CIV 2007-485-907

The court treated the two related proceedings as a single proceeding for costs, adopted the agreed scale B base of $85,440, applied a 20% reduction to reflect the failed Gibson claim (yielding $68,352), allowed a discretionary 20% uplift for a reasonable Calderbank offer (yielding $82,022), added $800 for wasted preparation, rejected recovery of half the patent expert's fee and halved filing/hearing fees, and awarded final costs of $82,822 and disbursements $22,059.69 to Mr Gibson.

Citation
openlaw-4f458ce2_8a9e_468b_be7d_0cfddb8d9f43.pdf
Parties
First Plaintiff: Rodney Mark Gibson; Second Plaintiff: Habode IP Limited; First Defendant: Richard John Curtis; Second Defendant: Habode Holdings Limited; First Plaintiff: Richard John Curtis; Second Plaintiff: Curtis Holdings Limited; First Defendant: Rodney Mark Gibson; Second Defendant: Habode IP Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 June 2010
Procedural Posture
Civil Litigation (joint Venture/intellectual Property/tort) / Costs Ruling Following Judgment (post‑trial, Judgment on 18 May 2010; Costs Ruling 23 June 2010)
Outcome
Costs awarded to Rodney Mark Gibson (and Habode IP where applicable): costs $82,822 and disbursements $22,059.69.
Legal Topics
Costs, Calderbank Offer, Disbursements, Expert Evidence, Accounting of Profits, Joint Venture, Conversion, Injunctions
Civil Procedure Contract and Joint Venture Tort (conversion) Equity (injunctions, Accounting of Profits) Intellectual Property Costs Calderbank Offer Disbursements +5 more

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Parties

Rodney Mark Gibson

First Plaintiff

Habode IP Limited

Second Plaintiff

Richard John Curtis

First Defendant

Habode Holdings Limited

Second Defendant

Richard John Curtis

First Plaintiff

Curtis Holdings Limited

Second Plaintiff

Rodney Mark Gibson

First Defendant

Habode IP Limited

Second Defendant

Procedural Posture

Civil Litigation (joint Venture/intellectual Property/tort) / Costs Ruling Following Judgment (post‑trial, Judgment on 18 May 2010; Costs Ruling 23 June 2010)

Legal Issues

  1. 1 Whether the two related proceedings should be treated as one for costs
  2. 2 Quantum of costs payable and appropriate adjustments for mixed success
  3. 3 Recoverability and quantum of expert and other disbursements

Ratio Decidendi

The court treated the two related proceedings as a single proceeding for costs, adopted the agreed scale B base of $85,440, applied a 20% reduction to reflect the failed Gibson claim (yielding $68,352), allowed a discretionary 20% uplift for a reasonable Calderbank offer (yielding $82,022), added $800 for wasted preparation, rejected recovery of half the patent expert's fee and halved filing/hearing fees, and awarded final costs of $82,822 and disbursements $22,059.69 to Mr Gibson.

Court Disposition

Costs awarded to Rodney Mark Gibson (and Habode IP where applicable): costs $82,822 and disbursements $22,059.69.

Orders

  • Costs of $82,822 awarded to Rodney Mark Gibson
  • Disbursements of $22,059.69 awarded to Rodney Mark Gibson