BODY CORPORATE 348047 v CHRISTIAN WAN & ORS COSTS [2017] NZHC 2666

BODY CORPORATE 348047 v CHRISTIAN WAN & ORS COSTS [2017] NZHC 2666

Plaintiffs obtained substantial success in securing orders for the majority of interrogatories after being given opportunity to reframe them; therefore they are entitled to costs on the ordinary scale 2B with disbursements. A 50% uplift under HCR 14.6 is not justified because plaintiffs bore responsibility for defective initial drafting and the defendant's early resistance was partly understandable, although the defendant's continued vigorous opposition justified an award of ordinary costs against it rather than no order or enhanced costs.

Citation
[2017] NZHC 2666
Parties
First Plaintiff: BODY CORPORATE 348047; Second Plaintiffs: CHRISTIAN WAN & ORS; Defendants: AUCKLAND COUNCIL & ORS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 October 2017
Procedural Posture
Civil Costs Application / Costs Judgment (interlocutory)
Outcome
Plaintiffs awarded costs at category 2B with disbursements; uplift under HCR 14.6 denied.
Legal Topics
Interrogatories, Costs Awards, High Court Rule 14.6, Scale 2 B
Civil Procedure Costs Discovery and Interrogatories High Court Practice Interrogatories Costs Awards High Court Rule 14.6 Scale 2 B

Case Brief

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Parties

BODY CORPORATE 348047

First Plaintiff

CHRISTIAN WAN & ORS

Second Plaintiffs

AUCKLAND COUNCIL & ORS

Defendants

Procedural Posture

Civil Costs Application / Costs Judgment (interlocutory)

Legal Issues

  1. 1 Whether plaintiffs were entitled to costs after obtaining orders for interrogatories
  2. 2 Whether an uplift under High Court Rule 14.6 was warranted for unreasonable resistance by the defendant
  3. 3 Appropriate scale of costs for an interlocutory application (scale 2B)

Ratio Decidendi

Plaintiffs obtained substantial success in securing orders for the majority of interrogatories after being given opportunity to reframe them; therefore they are entitled to costs on the ordinary scale 2B with disbursements. A 50% uplift under HCR 14.6 is not justified because plaintiffs bore responsibility for defective initial drafting and the defendant's early resistance was partly understandable, although the defendant's continued vigorous opposition justified an award of ordinary costs against it rather than no order or enhanced costs.

Court Disposition

Plaintiffs awarded costs at category 2B with disbursements; uplift under HCR 14.6 denied.

Orders

  • Plaintiffs awarded costs at category 2B and disbursements in the sum of $13,436.88.
  • No uplift of 50% under High Court Rule 14.6 ordered.