ASB BANK LIMITED V ROBERTSON & ANOR HC AK CIV-2012-404-0910

ASB BANK LIMITED V ROBERTSON & ANOR HC AK CIV-2012-404-0910

Because the plaintiff was entitled under clause 16.8 of the loan agreements to recover costs and the defendants did not dispute the solicitor's affidavit calculations, the court awarded the specified costs and disbursements to the plaintiff.

Source-derived case information.

Citation
openlaw-8994e759_0af7_4d13_8e3d_2ae80207343a.pdf
Parties
Plaintiff: ASB Bank Limited; First Defendant: Ross Arthur Robertson; Second Defendant: Candace Ann Robertson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2012
Procedural Posture
Civil Debt Summary Judgment / Costs Assessment Following Summary Judgment
Outcome
Costs judgment for plaintiff
Legal Topics
Summary Judgment, Costs, Loan Agreements, Disbursements, Contractual Costs Clause
Civil Procedure Contract Banking Debt Recovery Summary Judgment Costs Loan Agreements Disbursements +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ASB Bank Limited

Plaintiff

Ross Arthur Robertson

First Defendant

Candace Ann Robertson

Second Defendant

Procedural Posture

Civil Debt Summary Judgment / Costs Assessment Following Summary Judgment

Legal Issues

  1. 1 Whether contractual clause 16.8 of the loan agreements entitled the plaintiff to recover costs
  2. 2 Whether the amount of costs and disbursements claimed was appropriate and undisputed

Ratio Decidendi

Because the plaintiff was entitled under clause 16.8 of the loan agreements to recover costs and the defendants did not dispute the solicitor's affidavit calculations, the court awarded the specified costs and disbursements to the plaintiff.

Court Disposition

Costs judgment for plaintiff

Orders

  • First and Second Defendants shall pay the plaintiff costs of $18,781.00
  • First and Second Defendants shall pay the plaintiff disbursements of $1,360.31