A v D [2019] NZHC 1851

A v D [2019] NZHC 1851

Because the first defendants' application was in substance a strike out application and was unsuccessful, the court departed from the usual practice of reserving costs for unsuccessful summary judgment applications and awarded costs against the first defendants to the plaintiffs on a 2B basis; the second defendants were awarded agreed costs against the plaintiffs on a 2B basis of $13,540 inclusive of costs and disbursements.

Citation
[2019] NZHC 1851
Parties
Plaintiff: A; Plaintiff: B; Plaintiff: C; First Defendant: D; First Defendant: E; Second Defendant: Lawrence William Willis; Second Defendant: Alan James Davies
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2019
Procedural Posture
Civil / Costs Judgment
Outcome
Costs orders made as described below
Legal Topics
Summary Judgment, Strike Out, Costs Awards, Procedural Discretion
Civil Procedure Costs Summary Judgment Strike Out Costs Awards Procedural Discretion

Case Brief

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Parties

A

Plaintiff

B

Plaintiff

C

Plaintiff

D

First Defendant

E

First Defendant

Lawrence William Willis

Second Defendant

Alan James Davies

Second Defendant

Procedural Posture

Civil / Costs Judgment

Legal Issues

  1. 1 Whether costs should be reserved or awarded following an unsuccessful summary judgment application
  2. 2 Whether the first defendants' summary judgment application was in substance an application to strike out the plaintiffs' claim and the effect of that on costs

Ratio Decidendi

Because the first defendants' application was in substance a strike out application and was unsuccessful, the court departed from the usual practice of reserving costs for unsuccessful summary judgment applications and awarded costs against the first defendants to the plaintiffs on a 2B basis; the second defendants were awarded agreed costs against the plaintiffs on a 2B basis of $13,540 inclusive of costs and disbursements.

Court Disposition

Costs orders made as described below

Orders

  • Second defendants awarded their costs against the plaintiffs on a 2B basis in the sum of $13,540 inclusive of costs and disbursements
  • Plaintiffs awarded their costs against the first defendants on a 2B basis; disbursements to be determined by the Registrar