JAMES V ROBB HC CHCH CIV-2009-406-000266

JAMES V ROBB HC CHCH CIV-2009-406-000266

Plaintiffs entitled to costs on the High Court 2B scale totalling $32,409.61; no uplift or indemnity costs warranted because defendants' refusal to accept the Calderbank offer was not without reasonable justification at the time; stay of transfer of land granted pending appeal subject to conditions including defendants paying the awarded costs within 10 working days, plaintiffs given possession pending appeal and defendants to diligently prosecute appeal.

Citation
openlaw-b2cfd46e_7894_4146_9171_e02ae64ce81c.pdf
Parties
First Plaintiff: Shaun David James; Second Plaintiff: Blue Cod Investments Limited; First Defendant: James Ivan Robb; First Defendant: Eulalie Rata Robb; Second Defendant: Gary William Robb
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 November 2011
Procedural Posture
Rectification of Land Sale Agreement and Constructive Trust / Post Judgment Costs and Stay Application; Appeal Filed
Outcome
Costs awarded to plaintiffs on High Court 2B scale amounting to $32,409.61; stay of order to transfer land granted pending appeal subject to conditions; defendants ordered to pay costs and to prosecute appeal diligently
Legal Topics
Rectification, Constructive Trust, Stay of Execution, Calderbank Offers, Jurisdictional Valuation
Property Law Equity Civil Procedure Appeal and Stay Costs Rectification Constructive Trust Stay of Execution +2 more

Case Brief

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Parties

Shaun David James

First Plaintiff

Blue Cod Investments Limited

Second Plaintiff

James Ivan Robb

First Defendant

Eulalie Rata Robb

First Defendant

Gary William Robb

Second Defendant

Procedural Posture

Rectification of Land Sale Agreement and Constructive Trust / Post Judgment Costs and Stay Application; Appeal Filed

Legal Issues

  1. 1 Whether plaintiffs entitled to increased costs (indemnity or uplift) after Calderbank offer rejection
  2. 2 Appropriate scale for costs (High Court 2B v District Court)
  3. 3 Whether stay of transfer of land pending appeal should be granted and on what conditions

Ratio Decidendi

Plaintiffs entitled to costs on the High Court 2B scale totalling $32,409.61; no uplift or indemnity costs warranted because defendants' refusal to accept the Calderbank offer was not without reasonable justification at the time; stay of transfer of land granted pending appeal subject to conditions including defendants paying the awarded costs within 10 working days, plaintiffs given possession pending appeal and defendants to diligently prosecute appeal.

Court Disposition

Costs awarded to plaintiffs on High Court 2B scale amounting to $32,409.61; stay of order to transfer land granted pending appeal subject to conditions; defendants ordered to pay costs and to prosecute appeal diligently

Orders

  • Defendants must within 10 working days apply for a Court of Appeal fixture date and undertake to prosecute the appeal with the utmost diligence
  • From 15 November 2011 plaintiffs are entitled to exclusive use and possession of the lost land pending outcome of the appeal