BODY CORPORATE 198245 AND ORS V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2006-404-002651

BODY CORPORATE 198245 AND ORS V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2006-404-002651

The Court awarded costs to the first defendant for the successful strike-out application against the struck plaintiffs and for the discovery application against Acquisition Corporation Limited, allowing the expert disbursement but disallowing $960 claimed for a memorandum and appearance related to the strike-out...

Source-derived case information.

Citation
openlaw-ca0800e5_b513_4c76_abc9_4b6aa51efcb1.pdf
Parties
First Plaintiff: Body Corporate 198245; Second Plaintiffs: Alistair John Smith and Others; First Defendant: Auckland City Council; Second Defendant: Ante Architects Limited (formerly Avery Team Architecture Limited); Third Defendant: Redwood Builders Limited (in liquidation); Fourth Defendant: Auckland Property Restoration Limited; Fifth Defendant: Vision Construction Limited; Seventh Defendant: Holmes Consulting Group Limited; Eighth Defendant: Metalcraft Industries Limited; Plaintiff (unit Owner): Acquisition Corporation Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 August 2009
Procedural Posture
Civil Interlocutory Costs Applications / Costs Judgment on Interlocutory Applications
Outcome
Costs awarded to first defendant in respect of the strike-out application against the struck plaintiffs and in respect of the discovery application against Acquisition Corporation Limited, with specified disbursements; partial disallowance of claimed memorandum and appearance fees.
Legal Topics
Strike Out, Discovery, Interlocutory Applications, Apportionment of Costs
Civil Procedure Costs Strike Out Discovery Interlocutory Applications Apportionment of Costs

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Parties

Body Corporate 198245

First Plaintiff

Alistair John Smith and Others

Second Plaintiffs

Auckland City Council

First Defendant

Ante Architects Limited (formerly Avery Team Architecture Limited)

Second Defendant

Redwood Builders Limited (in liquidation)

Third Defendant

Auckland Property Restoration Limited

Fourth Defendant

Vision Construction Limited

Fifth Defendant

Holmes Consulting Group Limited

Seventh Defendant

Metalcraft Industries Limited

Eighth Defendant

Acquisition Corporation Limited

Plaintiff (unit Owner)

Procedural Posture

Civil Interlocutory Costs Applications / Costs Judgment on Interlocutory Applications

Legal Issues

  1. 1 Whether the first defendant is entitled to costs and disbursements for two interlocutory applications (strike-out and further and better discovery)
  2. 2 Whether costs should be apportioned among plaintiffs and whether particular items (memorandum and attendance) should be allowed

Ratio Decidendi

The Court awarded costs to the first defendant for the successful strike-out application against the struck plaintiffs and for the discovery application against Acquisition Corporation Limited, allowing the expert disbursement but disallowing $960 claimed for a memorandum and appearance related to the strike-out application because those steps were for the defendant's convenience; apportionment under r 14.5(1)(b) prevents double-counting and justifies costs against the unsuccessful plaintiffs.

Court Disposition

Costs awarded to first defendant in respect of the strike-out application against the struck plaintiffs and in respect of the discovery application against Acquisition Corporation Limited, with specified disbursements; partial disallowance of claimed memorandum and appearance fees.

Orders

  • Struck plaintiffs pay costs of $2757 and disbursements of $1545.
  • Acquisition Corporation Limited pay costs of $1920 and disbursements of $600.