MINISTER OF EDUCATION v McKEE FEHL CONSTRUCTORS LIMITED [2018] NZHC 1647

MINISTER OF EDUCATION v McKEE FEHL CONSTRUCTORS LIMITED [2018] NZHC 1647

Because RDT expressly informed the Court it did not seek costs and the judgment recorded that position, the Court is functus officio and cannot now revisit the costs issue; accordingly RDT's application for costs is refused.

Source-derived case information.

Citation
[2018] NZHC 1647
Parties
First Plaintiff: MINISTER OF EDUCATION; Second Plaintiff: SECRETARY OF EDUCATION; Third Plaintiff: BOARD OF TRUSTEES OF TE AHO O TE KURA POUNAMU; First Defendant: McKEE FEHL CONSTRUCTORS LIMITED; Second Defendant: PREMIER ROOFING WELLINGTON LIMITED; Third Defendant: RDT PACIFIC LIMITED; Fourth Defendant: SEALCO WATERPROOFING SYSTEMS LIMITED; First Third Party: LUMLEY GENERAL INSURANCE (NZ) LIMITED; First Third Party: DUAL NEW ZEALAND LIMITED; First Third Party: AIG INSURANCE NEW ZEALAND LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 July 2018
Procedural Posture
Application for Leave to Commence Third Party Proceedings Under Law Reform Act 1936 S 9 / Interlocutory Costs Application After Leave Granted
Outcome
Application for costs by RDT Pacific Limited refused; no costs awarded.
Legal Topics
Third Party Proceedings, Costs, Law Reform Act S 9, High Court Rules R14.8, Functus Officio
Civil Procedure Insurance Law Third Party Proceedings Costs Law Reform Act S 9 High Court Rules R14.8 Functus Officio

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Parties

MINISTER OF EDUCATION

First Plaintiff

SECRETARY OF EDUCATION

Second Plaintiff

BOARD OF TRUSTEES OF TE AHO O TE KURA POUNAMU

Third Plaintiff

McKEE FEHL CONSTRUCTORS LIMITED

First Defendant

PREMIER ROOFING WELLINGTON LIMITED

Second Defendant

RDT PACIFIC LIMITED

Third Defendant

SEALCO WATERPROOFING SYSTEMS LIMITED

Fourth Defendant

LUMLEY GENERAL INSURANCE (NZ) LIMITED

First Third Party

DUAL NEW ZEALAND LIMITED

First Third Party

AIG INSURANCE NEW ZEALAND LIMITED

First Third Party

Procedural Posture

Application for Leave to Commence Third Party Proceedings Under Law Reform Act 1936 S 9 / Interlocutory Costs Application After Leave Granted

Legal Issues

  1. 1 Whether RDT Pacific Limited can seek costs after advising the Court it did not seek costs and the judgment recorded that position
  2. 2 Whether the Court can revisit or vary a costs decision once judgment is delivered (functus officio)
  3. 3 Whether High Court Rules r14.8 permits reopening of interlocutory costs in these circumstances

Ratio Decidendi

Because RDT expressly informed the Court it did not seek costs and the judgment recorded that position, the Court is functus officio and cannot now revisit the costs issue; accordingly RDT's application for costs is refused.

Court Disposition

Application for costs by RDT Pacific Limited refused; no costs awarded.

Orders

  • Application for costs by Third Defendant dismissed
  • No order for costs made and costs lie where they fall