CABLETALK LIMITED V TECHNOLOGY JUNCTION LIMITED AND ORS HC AK CIV-2005-404-000789

CABLETALK LIMITED V TECHNOLOGY JUNCTION LIMITED AND ORS HC AK CIV-2005-404-000789

The interpleader application was sufficiently substantive to be categorised and treated as a 'statement of claim type' proceeding for costs; standard category 2B scale applied yielding $14,720; uplift to band C for preparation and indemnity costs were declined because the respondent's conduct did not meet the threshold of exceptional circumstances required for increased or indemnity costs.

Citation
openlaw-74090d77_01d9_4c17_a977_b81229a88273.pdf
Parties
Plaintiff (civ 2005 404 000789): CABLETALK LIMITED; First Defendant (civ 2005 404 000789): TECHNOLOGY JUNCTION LIMITED; Second Defendant (civ 2005 404 000789): MICHAEL CURRIE; Third Defendant (civ 2005 404 000789): DEMETRIOS BAROUTSOS; First Plaintiff (civ 2005 404 001475): INTELLIGENT OFFICE NETWORKS LIMITED; Second Plaintiff (civ 2005 404 001475): TECHNOLOGY JUNCTION LIMITED; Third Plaintiff (civ 2005 404 001475): MICHAEL KENNETH CURRIE; First Defendant (civ 2005 404 001475): CABLETALK GROUP LIMITED; Second Defendant (civ 2005 404 001475): CABLETALK LIMITED; Third Defendant (civ 2005 404 001475): PETER GREGORY WILSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 September 2009
Procedural Posture
Interpleader Application (costs Application Following Judgment) / Costs Application (on the Papers)
Outcome
Costs awarded to Michael Currie on category 2B scale as if the interpleader were a substantive 'statement of claim type' proceeding; uplift and indemnity costs refused.
Legal Topics
Interpleader, Costs Awards, Scale of Costs, Indemnity Costs, Categorisation of Proceedings, Interpretation of Costs Agreement
Civil Procedure Costs Contract Interpleader Costs Awards Scale of Costs Indemnity Costs Categorisation of Proceedings +1 more

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Parties

CABLETALK LIMITED

Plaintiff (civ 2005 404 000789)

TECHNOLOGY JUNCTION LIMITED

First Defendant (civ 2005 404 000789)

MICHAEL CURRIE

Second Defendant (civ 2005 404 000789)

DEMETRIOS BAROUTSOS

Third Defendant (civ 2005 404 000789)

INTELLIGENT OFFICE NETWORKS LIMITED

First Plaintiff (civ 2005 404 001475)

TECHNOLOGY JUNCTION LIMITED

Second Plaintiff (civ 2005 404 001475)

MICHAEL KENNETH CURRIE

Third Plaintiff (civ 2005 404 001475)

CABLETALK GROUP LIMITED

First Defendant (civ 2005 404 001475)

CABLETALK LIMITED

Second Defendant (civ 2005 404 001475)

PETER GREGORY WILSON

Third Defendant (civ 2005 404 001475)

Procedural Posture

Interpleader Application (costs Application Following Judgment) / Costs Application (on the Papers)

Legal Issues

  1. 1 Whether the interpleader application should be categorised as substantive or interlocutory for costs purposes
  2. 2 Whether an uplift to the standard scale (band C for preparation) is justified
  3. 3 Whether indemnity costs are justified due to exceptional conduct under Hedley

Ratio Decidendi

The interpleader application was sufficiently substantive to be categorised and treated as a 'statement of claim type' proceeding for costs; standard category 2B scale applied yielding $14,720; uplift to band C for preparation and indemnity costs were declined because the respondent's conduct did not meet the threshold of exceptional circumstances required for increased or indemnity costs.

Court Disposition

Costs awarded to Michael Currie on category 2B scale as if the interpleader were a substantive 'statement of claim type' proceeding; uplift and indemnity costs refused.

Orders

  • Award costs to Michael Currie in the sum of $14,720
  • Award allowable disbursements including filing fee of $600