EQUITY TRUST INTERNATIONAL LTD & ANOR v BUSCHUEV & ORS [2017] NZHC 2868

EQUITY TRUST INTERNATIONAL LTD & ANOR v BUSCHUEV & ORS [2017] NZHC 2868

Rule 15.23 creates a rebuttable presumption that a discontinuing plaintiff must pay costs; the plaintiffs did not discharge the onus to displace that presumption and therefore the second and third defendants are entitled to costs on a 2B basis; costs relating to the ex parte search and discovery application are to...

Source-derived case information.

Citation
[2017] NZHC 2868
Parties
First Plaintiff: Equity Trust International Ltd; Second Plaintiff: South Pacific Corporation Ltd; First Defendant: Alexander Buschuev; Second Defendant: Oleg Khmelev; Third Defendant: NZ Corporate Service Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 November 2017
Procedural Posture
Civil Commercial Dispute (breach of Contract and Fiduciary Duties) / Costs Judgment Following Discontinuance of Proceedings
Outcome
Second and third defendants awarded costs and disbursements; first defendant not awarded costs; costs of ex parte search and discovery application to lie where they fall.
Legal Topics
Discontinuance, Costs on Discontinuance, Search and Discovery Orders, Independence of Supervising Solicitor, Unless Orders, Compliance With Discovery
Civil Procedure Costs Contract Law Fiduciary Duties Discovery Procedure Discontinuance Costs on Discontinuance Search and Discovery Orders +3 more

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Parties

Equity Trust International Ltd

First Plaintiff

South Pacific Corporation Ltd

Second Plaintiff

Alexander Buschuev

First Defendant

Oleg Khmelev

Second Defendant

NZ Corporate Service Limited

Third Defendant

Procedural Posture

Civil Commercial Dispute (breach of Contract and Fiduciary Duties) / Costs Judgment Following Discontinuance of Proceedings

Legal Issues

  1. 1 Whether a discontinuing plaintiff must pay costs to defendants
  2. 2 Whether plaintiffs discharged the onus to displace the presumption for costs on discontinuance
  3. 3 Whether plaintiffs are entitled to costs for the earlier ex parte search and discovery application

Ratio Decidendi

Rule 15.23 creates a rebuttable presumption that a discontinuing plaintiff must pay costs; the plaintiffs did not discharge the onus to displace that presumption and therefore the second and third defendants are entitled to costs on a 2B basis; costs relating to the ex parte search and discovery application are to lie where they fall.

Court Disposition

Second and third defendants awarded costs and disbursements; first defendant not awarded costs; costs of ex parte search and discovery application to lie where they fall.

Orders

  • Second and third defendants awarded costs of $6,244 on a 2B basis
  • Second and third defendants awarded disbursements of $110