SELLMAN v SLATER No 3 [2016] NZHC 2594

SELLMAN v SLATER No 3 [2016] NZHC 2594

The court granted joinder and, applying r14.8(1), fixed costs in favour of the plaintiffs because they succeeded and there were no special reasons to depart from the rule; costs were awarded against the first, fourth and fifth defendants and not awarded to the second and third defendants because their counsel's appearance was unnecessary.

Citation
[2016] NZHC 2594
Parties
First Plaintiff: John Douglas Sellman; Second Plaintiff: Boyd Anthony Swinburn; Third Plaintiff: Shane Kawenata Frederick Bradbrook; First Defendant: Cameron John Slater; Second Defendant: Carrick Douglas Montrose Graham; Third Defendant: Facilitate Communications Limited; Fourth Defendant: Katherine Rich; Fifth Defendant: New Zealand Food & Grocery Council Incorporated
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 November 2016
Procedural Posture
Defamation / Interlocutory: Joinder Application and Costs Fixed
Outcome
Joinder of fourth and fifth defendants granted; costs awarded to plaintiffs against first, fourth and fifth defendants; no costs awarded to second and third defendants.
Legal Topics
Joinder, Interlocutory Costs, High Court Rules R14.8(1), Opposed Interlocutory Application
Defamation Civil Procedure Costs Joinder Interlocutory Costs High Court Rules R14.8(1) Opposed Interlocutory Application

Case Brief

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Parties

John Douglas Sellman

First Plaintiff

Boyd Anthony Swinburn

Second Plaintiff

Shane Kawenata Frederick Bradbrook

Third Plaintiff

Cameron John Slater

First Defendant

Carrick Douglas Montrose Graham

Second Defendant

Facilitate Communications Limited

Third Defendant

Katherine Rich

Fourth Defendant

New Zealand Food & Grocery Council Incorporated

Fifth Defendant

Procedural Posture

Defamation / Interlocutory: Joinder Application and Costs Fixed

Legal Issues

  1. 1 Whether to grant joinder of the fourth and fifth defendants
  2. 2 Whether costs should be fixed under r14.8(1) of the High Court Rules 2016
  3. 3 Whether the second and third defendants should be awarded costs for their counsel's appearance

Ratio Decidendi

The court granted joinder and, applying r14.8(1), fixed costs in favour of the plaintiffs because they succeeded and there were no special reasons to depart from the rule; costs were awarded against the first, fourth and fifth defendants and not awarded to the second and third defendants because their counsel's appearance was unnecessary.

Court Disposition

Joinder of fourth and fifth defendants granted; costs awarded to plaintiffs against first, fourth and fifth defendants; no costs awarded to second and third defendants.

Orders

  • Joinder of the fourth and fifth defendants is granted.
  • Costs are fixed in favour of the plaintiffs and awarded against the first, fourth and fifth defendants as sought pursuant to r14.8(1) High Court Rules 2016.