WHITE v MAUBACH [2016] NZHC 83

WHITE v MAUBACH [2016] NZHC 83

The court awarded costs to the third and fourth defendants on a 2B basis with disbursements because the statutory immunities had been pleaded and brought to the plaintiff's attention prior to the security application, and no grounds under r14.7 existed to refuse or reduce costs.

Citation
[2016] NZHC 83
Parties
Plaintiff: Amanda Adele White; First Defendant: Bernie Maubach; Second Defendant: Jutta Roseblatt; Third Defendant: Jono Todd; Fourth Defendant: Martyn Boyce; Non Party: Bryre Patchell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 February 2016
Procedural Posture
Civil Proceeding Interlocutory Application for Security for Costs / Interlocutory: Application for Security for Costs and Costs Assessment
Outcome
Order for costs in favour of the third and fourth defendants on a 2B basis with disbursements; memoranda as to quantum to be agreed or, if not, submissions on quantum to be filed within 10 working days.
Legal Topics
Security for Costs, Statutory Immunity, Costs Awards, Lay Litigant Access to Justice
Civil Procedure Administrative Law Public Law Security for Costs Statutory Immunity Costs Awards Lay Litigant Access to Justice

Case Brief

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Parties

Amanda Adele White

Plaintiff

Bernie Maubach

First Defendant

Jutta Roseblatt

Second Defendant

Jono Todd

Third Defendant

Martyn Boyce

Fourth Defendant

Bryre Patchell

Non Party

Procedural Posture

Civil Proceeding Interlocutory Application for Security for Costs / Interlocutory: Application for Security for Costs and Costs Assessment

Legal Issues

  1. 1 Whether the plaintiff's claim against the third and fourth defendants had little or no prospect of success justifying security for costs
  2. 2 Whether the third and fourth defendants were entitled to costs on a 2B basis with disbursements under the High Court Rules
  3. 3 Whether there were grounds under r14.7 to refuse or reduce an award of costs

Ratio Decidendi

The court awarded costs to the third and fourth defendants on a 2B basis with disbursements because the statutory immunities had been pleaded and brought to the plaintiff's attention prior to the security application, and no grounds under r14.7 existed to refuse or reduce costs.

Court Disposition

Order for costs in favour of the third and fourth defendants on a 2B basis with disbursements; memoranda as to quantum to be agreed or, if not, submissions on quantum to be filed within 10 working days.

Orders

  • Costs awarded to the third and fourth defendants on a 2B basis with disbursements
  • Memoranda as to quantum to be agreed; if not agreed, submissions on quantum to be filed within 10 working days