KELLY & ORS v LASQUE CONSTRUCTION LTD & ORS [2015] NZHC 3368

KELLY & ORS v LASQUE CONSTRUCTION LTD & ORS [2015] NZHC 3368

Defendants awarded standard 2B costs generally with a 20% uplift on scale; interrogatories answered pursuant to the single combined notice attract a band A time allowance for each defendant (accounting for duplication but reflecting common representation); expert witness disbursements were recoverable largely as claimed but reduced by a modest 10% for deficiencies in supporting detail, producing an award of $20,846.20.

Citation
[2015] NZHC 3368
Parties
Plaintiffs: ROBIN JOHN LEARY KELLY; PATRICIA ANN KELLY; LINDAGLASSWELL as Trustees of THE KELLY FAMILY TRUST; First Defendant: LASQUE CONSTRUCTION LIMITED; Second Defendant: SIGNATURE RESIDENTIAL LIMITED; Third Defendant: SIGNATURE HOMES LIMITED; Fourth Defendant: STEWART CRAIG WILSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 December 2015
Procedural Posture
Civil Building and Contractual Dispute With Fair Trading Act Elements / Post Judgment Costs Assessment (costs Determination)
Outcome
Costs awarded to defendants with specified adjustments
Legal Topics
Interrogatories, Expert Witness Fees/disbursements, Increased Costs/uplift, Categorisation of Proceedings (2 B), Reasonableness of Settlement Offers
Civil Procedure Costs Building and Construction Contract Fair Trading Act Evidence (experts) Interrogatories Expert Witness Fees/disbursements +3 more

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Parties

ROBIN JOHN LEARY KELLY; PATRICIA ANN KELLY; LINDAGLASSWELL as Trustees of THE KELLY FAMILY TRUST

Plaintiffs

LASQUE CONSTRUCTION LIMITED

First Defendant

SIGNATURE RESIDENTIAL LIMITED

Second Defendant

SIGNATURE HOMES LIMITED

Third Defendant

STEWART CRAIG WILSON

Fourth Defendant

Procedural Posture

Civil Building and Contractual Dispute With Fair Trading Act Elements / Post Judgment Costs Assessment (costs Determination)

Legal Issues

  1. 1 Whether one or multiple time allocations should be awarded for answering a single combined notice to answer interrogatories served on multiple defendants
  2. 2 Whether the expert witness fees and attendances claimed were reasonably necessary and the appropriate quantum to award
  3. 3 Whether an uplift/increased costs on scale is justified for unreasonable conduct or refusal of a reasonable settlement offer

Ratio Decidendi

Defendants awarded standard 2B costs generally with a 20% uplift on scale; interrogatories answered pursuant to the single combined notice attract a band A time allowance for each defendant (accounting for duplication but reflecting common representation); expert witness disbursements were recoverable largely as claimed but reduced by a modest 10% for deficiencies in supporting detail, producing an award of $20,846.20.

Court Disposition

Costs awarded to defendants with specified adjustments

Orders

  • Defendants are awarded costs on a standard 2B scale with a 20% increase on scale
  • Costs for answering interrogatories awarded to each defendant at band A for the relevant step