JAG MEDIA V MAGNA SYSTEMS ENGINEERING (NZ) HC AK CIV 2012-404-001965

JAG MEDIA V MAGNA SYSTEMS ENGINEERING (NZ) HC AK CIV 2012-404-001965

The Court exercised its discretion to award the plaintiffs a global sum of $12,000 to compensate costs incurred in responding to the first defendant's technically impractical 'sub-file' proposal because the experts and independent solicitor consistently advised it was unworkable and the plaintiffs were vindicated; other costs associated with establishing the agreed protocol were reserved to be dealt with after final disposition.

Citation
openlaw-42b33a2d_52cc_4801_bfaf_d2c4697dbf4e.pdf
Parties
First Plaintiff: JAG MEDIA LIMITED; Second Plaintiff: BROADCAST INC LIMITED; First Defendant: MAGNA SYSTEMS ENGINEERING (NZ) LIMITED; Second Defendant: COUNTRY 99 TV
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 November 2012
Procedural Posture
High Court Civil Costs Application Arising From Search Order Dispute / Costs Judgment (interim Costs Decision)
Outcome
Order made that the first defendant pay the plaintiffs $12,000 towards costs; other costs reserved to be determined after final disposition of the substantive proceedings.
Legal Topics
Search Order, Forensic Imaging, Confidentiality Undertakings, Interim Costs, Discovery Procedure
Civil Procedure Costs Evidence Electronic Discovery Confidentiality Search Order Forensic Imaging Confidentiality Undertakings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

JAG MEDIA LIMITED

First Plaintiff

BROADCAST INC LIMITED

Second Plaintiff

MAGNA SYSTEMS ENGINEERING (NZ) LIMITED

First Defendant

COUNTRY 99 TV

Second Defendant

Procedural Posture

High Court Civil Costs Application Arising From Search Order Dispute / Costs Judgment (interim Costs Decision)

Legal Issues

  1. 1 Whether the first defendant should pay costs incurred by the plaintiffs in responding to the first defendant's proposed 'sub-file' process
  2. 2 Whether costs relating to establishing the agreed protocol should be ordered now or reserved to final disposition
  3. 3 Whether the costs claimed by the plaintiffs were reasonable in amount and scope

Ratio Decidendi

The Court exercised its discretion to award the plaintiffs a global sum of $12,000 to compensate costs incurred in responding to the first defendant's technically impractical 'sub-file' proposal because the experts and independent solicitor consistently advised it was unworkable and the plaintiffs were vindicated; other costs associated with establishing the agreed protocol were reserved to be dealt with after final disposition.

Court Disposition

Order made that the first defendant pay the plaintiffs $12,000 towards costs; other costs reserved to be determined after final disposition of the substantive proceedings.

Orders

  • First defendant (Magna Systems Engineering (NZ) Limited) to pay plaintiffs the sum of $12,000 towards costs
  • All other costs associated with establishing the protocol reserved and to be dealt with after final disposition of the case