GNLC LTD V DAJI HC AK CIV-2009-404-8510

GNLC LTD V DAJI HC AK CIV-2009-404-8510

GNLC, having acquired Great Northern's contractual benefits, is entitled to recover costs as substituted plaintiff; indemnity costs denied because defendants did not act vexatiously, but increased costs awarded from 1 May 2011 (Category 2 Band B uplifted by 50%); first defendants are jointly and severally liable for preparation for and appearance at trial; first defendants must also meet Realties' costs (Category 2 Band B plus disbursements).

Citation
openlaw-f0e86f71_3d59_41ca_8972_3c2bafab6dfe.pdf
Parties
Plaintiff (substituted): GNLC Limited; Original Plaintiff / Transferor: Great Northern Land Company Limited; First Defendant: Yvonne Daji; First Defendant: Gavin Daji; First Defendant (trustees): G Daji Family Trust No 2 (Parvati Bikley, trustee); Second Defendant: Realties Business Brokers Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 October 2011
Procedural Posture
Civil (contracts Specific Performance) / Costs Determination Post Judgment (on the Papers)
Outcome
Costs awarded to GNLC and to Realties; indemnity costs denied; increased costs ordered from 1 May 2011 with 50% uplift on Category 2 Band B; first defendants jointly and severally liable for trial costs and for Realties' costs.
Legal Topics
Specific Performance, Misrepresentation, Indemnity Costs, Increased Costs, Calderbank Offers, Substitution of Parties, Joint and Several Liability
Civil Contract Procedural Law Costs Law Agency Specific Performance Misrepresentation Indemnity Costs +4 more

Case Brief

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Parties

GNLC Limited

Plaintiff (substituted)

Great Northern Land Company Limited

Original Plaintiff / Transferor

Yvonne Daji

First Defendant

Gavin Daji

First Defendant

G Daji Family Trust No 2 (Parvati Bikley, trustee)

First Defendant (trustees)

Realties Business Brokers Limited

Second Defendant

Procedural Posture

Civil (contracts Specific Performance) / Costs Determination Post Judgment (on the Papers)

Legal Issues

  1. 1 Whether substituted plaintiff (GNLC) is entitled to costs
  2. 2 Whether indemnity or increased costs should be awarded
  3. 3 Whether first defendants should be jointly and severally liable for costs

Ratio Decidendi

GNLC, having acquired Great Northern's contractual benefits, is entitled to recover costs as substituted plaintiff; indemnity costs denied because defendants did not act vexatiously, but increased costs awarded from 1 May 2011 (Category 2 Band B uplifted by 50%); first defendants are jointly and severally liable for preparation for and appearance at trial; first defendants must also meet Realties' costs (Category 2 Band B plus disbursements).

Court Disposition

Costs awarded to GNLC and to Realties; indemnity costs denied; increased costs ordered from 1 May 2011 with 50% uplift on Category 2 Band B; first defendants jointly and severally liable for trial costs and for Realties' costs.

Orders

  • GNLC is awarded costs against the first defendant in each proceeding on a Category 2 Band B basis for all steps taken up to 30 April 2011.
  • GNLC is awarded costs against the first defendant in each proceeding on a Category 2 Band B basis increased by 50% for all steps taken after 1 May 2011 up to but not including preparation for trial and appearance at trial.