P G SIMPSON AND ANOR V BB'S NZ LTD AND ANOR HC AK CIV 2005-404-6877

P G SIMPSON AND ANOR V BB'S NZ LTD AND ANOR HC AK CIV 2005-404-6877

Award defendants scale costs reduced to $50,577.50 and witness disbursements of $27,345.32; refuse increased costs under r 48C because plaintiffs' conduct did not unreasonably or unnecessarily increase costs; order costs against the second plaintiff; do not order payment of $15,000 security; make a s 40(5)...

Source-derived case information.

Citation
openlaw-4f590cc5_403a_425e_b5f2_41cc6cddeb9d.pdf
Parties
First Plaintiff: Peter Graham Simpson; Second Plaintiff: Corsa Coffee Limited; First Defendant: BB's New Zealand Limited; Second Defendant: Bramwell John Milne
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 August 2007
Procedural Posture
Civil / Costs Assessment on the Papers (post Judgment)
Outcome
Defendants awarded costs as quantified; no increased costs; costs to be paid by second plaintiff; security for costs not ordered to be paid; s40(5) specification made for first plaintiff.
Legal Topics
Scale Costs, Increased Costs Under R 48 C, Security for Costs, Legal Aid S 40(5), Inspection of Documents, Witness Disbursements, Settlement Conferences, Discovery
Civil Procedure Costs Contract Evidence Scale Costs Increased Costs Under R 48 C Security for Costs Legal Aid S 40(5) +4 more

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Parties

Peter Graham Simpson

First Plaintiff

Corsa Coffee Limited

Second Plaintiff

BB's New Zealand Limited

First Defendant

Bramwell John Milne

Second Defendant

Procedural Posture

Civil / Costs Assessment on the Papers (post Judgment)

Legal Issues

  1. 1 Quantum of scale costs payable by second plaintiff
  2. 2 Whether costs above scale should be ordered
  3. 3 Whether security for costs of $15,000 should be paid out

Ratio Decidendi

Award defendants scale costs reduced to $50,577.50 and witness disbursements of $27,345.32; refuse increased costs under r 48C because plaintiffs' conduct did not unreasonably or unnecessarily increase costs; order costs against the second plaintiff; do not order payment of $15,000 security; make a s 40(5) specification that the first plaintiff would have been ordered to pay $50,577.50 and $27,345.32 but for legal aid.

Court Disposition

Defendants awarded costs as quantified; no increased costs; costs to be paid by second plaintiff; security for costs not ordered to be paid; s40(5) specification made for first plaintiff.

Orders

  • Scale costs and Schedule A reduced and allowed in the sum of $50,577.50
  • Witness costs and disbursements allowed in the sum of $27,345.32