MCKAY & ANOR V VICTORIA STREET APARTMENTS LTD & ANOR HC AK CIV-2009-404-006234

MCKAY & ANOR V VICTORIA STREET APARTMENTS LTD & ANOR HC AK CIV-2009-404-006234

Plaintiffs were entitled to costs for the application to enter the arbitral award as judgment; although service was imperfect the defect did not merit denying costs and warranted only a modest reduction, resulting in an award of $1,500 inclusive of the $400 filing fee.

Source-derived case information.

Citation
openlaw-c55a6937_9ed7_4488_8af0_d159bda962b2.pdf
Parties
First Plaintiff: Ian Robert McKay and Trevor McKay as Trustees of the Otis Trust; Second Plaintiff: Treasury Technology Distribution Limites as Trustees of the Treasury Trust No 1; First Defendant: Victoria Street Apartments Limited; Second Defendant: Suren Sharma
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 October 2009
Procedural Posture
Arbitration Enforcement / Costs Application After Award
Outcome
Plaintiffs awarded costs of $1,500
Legal Topics
Enforcement of Arbitration Award, Cost Orders, Service of Process
Civil Procedure Arbitration Law Costs Enforcement of Arbitration Award Cost Orders Service of Process

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Parties

Ian Robert McKay and Trevor McKay as Trustees of the Otis Trust

First Plaintiff

Treasury Technology Distribution Limites as Trustees of the Treasury Trust No 1

Second Plaintiff

Victoria Street Apartments Limited

First Defendant

Suren Sharma

Second Defendant

Procedural Posture

Arbitration Enforcement / Costs Application After Award

Legal Issues

  1. 1 Whether costs of the application to enter the arbitrator's award as a judgment should be awarded to the plaintiffs
  2. 2 Whether defective service of the application justifies a reduction in the costs awarded

Ratio Decidendi

Plaintiffs were entitled to costs for the application to enter the arbitral award as judgment; although service was imperfect the defect did not merit denying costs and warranted only a modest reduction, resulting in an award of $1,500 inclusive of the $400 filing fee.

Court Disposition

Plaintiffs awarded costs of $1,500

Orders

  • Second defendant Mr Sharma to pay plaintiffs costs of $1,500 inclusive of the $400 filing fee