PRAGMA HOLDINGS LTD & ANOR V GREAT SOUTH 507 LTD & ANOR HC AK CIV 2005-404-1931

PRAGMA HOLDINGS LTD & ANOR V GREAT SOUTH 507 LTD & ANOR HC AK CIV 2005-404-1931

Starting from the presumption that costs follow the event, the defendants, as unsuccessful applicants on the strike out, should pay costs to the plaintiffs; however a reduction was required under r48D because plaintiffs suffered partial failure (one cause of action struck out) and because multiple amended pleadings...

Source-derived case information.

Citation
openlaw-5aa54ab3_80bf_472e_83a7_6db30480b064.pdf
Parties
First Plaintiff: PRAGMA HOLDINGS LIMITED; Second Plaintiff: PRAGMA INVESTMENTS LIMITED; First Defendant: GREAT SOUTH 507 LIMITED; Second Defendant: BRIAN ANDREW MEAD
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2006
Procedural Posture
Civil Proceeding Strike Out Application and Costs Application / Application for Costs Following Refusal to Strike Out and Order to Join Additional Plaintiff
Outcome
Defendants ordered to pay plaintiffs' costs in the sum of $8,320 together with disbursements as fixed by the Registrar.
Legal Topics
Strike Out, Amended Pleadings, Costs Allocation, Negligent Misstatement, Application of High Court Rules R187(8), R47, R48 D
Civil Procedure Costs Tort Contract Strike Out Amended Pleadings Costs Allocation Negligent Misstatement +1 more

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Parties

PRAGMA HOLDINGS LIMITED

First Plaintiff

PRAGMA INVESTMENTS LIMITED

Second Plaintiff

GREAT SOUTH 507 LIMITED

First Defendant

BRIAN ANDREW MEAD

Second Defendant

Procedural Posture

Civil Proceeding Strike Out Application and Costs Application / Application for Costs Following Refusal to Strike Out and Order to Join Additional Plaintiff

Legal Issues

  1. 1 Whether the defendants' strike out application should succeed in whole or part
  2. 2 Proper allocation of costs given mixed success of parties
  3. 3 Application of High Court Rules r187(8) regarding costs of amended pleadings

Ratio Decidendi

Starting from the presumption that costs follow the event, the defendants, as unsuccessful applicants on the strike out, should pay costs to the plaintiffs; however a reduction was required under r48D because plaintiffs suffered partial failure (one cause of action struck out) and because multiple amended pleadings affected entitlement under r187(8). The appropriate award was costs of the second hearing and related attendances, assessed at $8,320, with no award for the first hearing and with disbursements fixed by the Registrar.

Court Disposition

Defendants ordered to pay plaintiffs' costs in the sum of $8,320 together with disbursements as fixed by the Registrar.

Orders

  • Defendants to pay plaintiffs' costs on the strike out application in the sum of $8,320
  • Disbursements to be fixed by the Registrar