LAWRENCE V BANK OF NEW ZEALAND HC AK CIV 2008-404-0020

LAWRENCE V BANK OF NEW ZEALAND HC AK CIV 2008-404-0020

The applicant pursued an unmeritorious pre-commencement discovery application, resiled from a settlement/discontinuance agreement and thereby caused BNZ to incur significant unnecessary costs; accordingly increased costs were warranted under r 48C (and r 48C(4)), and a costs award of $15,000 to BNZ is appropriate after taking into account BNZ's concession to accept reduced indemnity costs and the applicant's financial position.

Citation
openlaw-ec6df2ec_29e6_4711_ba54_9f5e47264bf5.pdf
Parties
Intending Plaintiff: Garry Raymond Lawrence; Intended Defendant: Bank of New Zealand
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 September 2008
Procedural Posture
Pre Commencement Discovery Application / Costs Judgment Following Dismissal of Application
Outcome
Costs awarded to Bank of New Zealand
Legal Topics
Pre Commencement Discovery, Indemnity/increased Costs, Discontinuance, Breach of Fiduciary Duty, Vexatious Litigation
Civil Procedure Costs Equity Banking Law Pre Commencement Discovery Indemnity/increased Costs Discontinuance Breach of Fiduciary Duty +1 more

Case Brief

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Parties

Garry Raymond Lawrence

Intending Plaintiff

Bank of New Zealand

Intended Defendant

Procedural Posture

Pre Commencement Discovery Application / Costs Judgment Following Dismissal of Application

Legal Issues

  1. 1 Whether increased or indemnity costs are appropriate under r 48C and r 48C(4) of the High Court Rules
  2. 2 Whether the applicant pursued an argument or step that lacked merit causing unnecessary cost
  3. 3 Whether the applicant unreasonably resiled from a settlement/discontinuance agreement

Ratio Decidendi

The applicant pursued an unmeritorious pre-commencement discovery application, resiled from a settlement/discontinuance agreement and thereby caused BNZ to incur significant unnecessary costs; accordingly increased costs were warranted under r 48C (and r 48C(4)), and a costs award of $15,000 to BNZ is appropriate after taking into account BNZ's concession to accept reduced indemnity costs and the applicant's financial position.

Court Disposition

Costs awarded to Bank of New Zealand

Orders

  • Award costs to BNZ in the round figure of $15,000 on account of costs and disbursements incurred by BNZ in this proceeding
  • $15,000 is now due and payable by G R Lawrence to BNZ