HIBBITT V BRADLEY & ANOR HC AK CIV 2005-404-5560

HIBBITT V BRADLEY & ANOR HC AK CIV 2005-404-5560

Because the application was an interlocutory application under r301 and was withdrawn after the defendants had already indicated the non-existence of the document, the usual costs regime applies; the withdrawing intending plaintiff must pay the defendants' costs, fixed at $3,480 with disbursements to be fixed by the...

Source-derived case information.

Citation
openlaw-e19bc01a_2ab5_44a5_8cb3_4dd68de97e8f.pdf
Parties
Intending Plaintiff: Terence James Hibbitt; Intended Defendant: Christopher Charles Granville Bradley; Intended Defendant: Mark Gregory Lawlor
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 March 2006
Procedural Posture
Interlocutory Application Under High Court Rules R301 / Costs Application After Withdrawal of Application (on the Papers)
Outcome
Intending plaintiff ordered to pay intended defendants' costs of $3,480 plus disbursements as fixed by the Registrar
Legal Topics
Interlocutory Applications, Withdrawal/discontinuance, Costs Assessment, High Court Rules R301
Civil Procedure Costs Interlocutory Applications Withdrawal/discontinuance Costs Assessment High Court Rules R301

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Parties

Terence James Hibbitt

Intending Plaintiff

Christopher Charles Granville Bradley

Intended Defendant

Mark Gregory Lawlor

Intended Defendant

Procedural Posture

Interlocutory Application Under High Court Rules R301 / Costs Application After Withdrawal of Application (on the Papers)

Legal Issues

  1. 1 Whether the withdrawing intending plaintiff must pay costs of an interlocutory application under the High Court Rules
  2. 2 Whether the defendants succeeded for costs purposes where they asserted non-existence of the document prior to the application
  3. 3 Appropriate quantum of costs for a r301 interlocutory application

Ratio Decidendi

Because the application was an interlocutory application under r301 and was withdrawn after the defendants had already indicated the non-existence of the document, the usual costs regime applies; the withdrawing intending plaintiff must pay the defendants' costs, fixed at $3,480 with disbursements to be fixed by the Registrar, with no reduction.

Court Disposition

Intending plaintiff ordered to pay intended defendants' costs of $3,480 plus disbursements as fixed by the Registrar

Orders

  • The intending plaintiff pay the intended defendants' costs in the sum of $3,480 together with disbursements as fixed by the Registrar.