SUHARNAN V BROOKFIELDS HC AK CIV-2011-404-5830

SUHARNAN V BROOKFIELDS HC AK CIV-2011-404-5830

Costs awarded to the first plaintiff because the strike out/summary judgment application by the first defendant was determined against it, r14.8(3) did not prevent awarding costs here, the claimed items were largely appropriate within Category 2 and Schedule 3 banding, and the amended quantum of $6,268.50 plus disbursements $149.30 is accepted.

Citation
openlaw-5ed65634_df65_4bab_9a37_c1f241b1d8f2.pdf
Parties
First Plaintiff: Sivasundaram Suharnan; Second Plaintiff: Suviken Limited (in liquidation); First Defendant: Brookfields; Second Defendant: Kenneth Martin Johnston
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 March 2013
Procedural Posture
Civil / Costs Assessment Following Interlocutory Strike Out and Summary Judgment Application
Outcome
First defendant ordered to pay first plaintiff's costs and disbursements
Legal Topics
Costs, Strike Out Applications, Summary Judgment, Interlocutory Applications
Civil Procedure Company Law Costs Strike Out Applications Summary Judgment Interlocutory Applications

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sivasundaram Suharnan

First Plaintiff

Suviken Limited (in liquidation)

Second Plaintiff

Brookfields

First Defendant

Kenneth Martin Johnston

Second Defendant

Procedural Posture

Civil / Costs Assessment Following Interlocutory Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether costs should be awarded to the successful party following a strike out/summary judgment application by the defendant
  2. 2 Whether costs should be reserved pending the substantive proceeding
  3. 3 Appropriate quantum and banding for costs under High Court Rules Schedule 3

Ratio Decidendi

Costs awarded to the first plaintiff because the strike out/summary judgment application by the first defendant was determined against it, r14.8(3) did not prevent awarding costs here, the claimed items were largely appropriate within Category 2 and Schedule 3 banding, and the amended quantum of $6,268.50 plus disbursements $149.30 is accepted.

Court Disposition

First defendant ordered to pay first plaintiff's costs and disbursements

Orders

  • First defendant pay first plaintiff's costs of $6,268.50.
  • First defendant pay first plaintiff's disbursements of $149.30.