GILBERT v AUROR LIMITED & ORS [2017] NZHC 1655

GILBERT v AUROR LIMITED & ORS [2017] NZHC 1655

Indemnity costs were declined because the applicant prosecuted the interlocutory pre-commencement discovery application in good faith on reasonable grounds and responsibly withdrew it after receiving evidence showing no misuse of confidential information; the appropriate order was an award of costs on the 2B scale...

Source-derived case information.

Citation
[2017] NZHC 1655
Parties
Applicant: Barbara Joyce Gilbert; First Respondent: Auror Limited; Second Respondent: Trade Me Group Limited; Third Respondent: Philip Thomas Thomson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 July 2017
Procedural Posture
Pre Commencement Discovery Application (interlocutory Under R 8.20 High Court Rules 2016) / Costs Judgment After Withdrawal of Application
Outcome
Applicant ordered to pay first and third respondents costs on a 2B basis
Legal Topics
Pre Commencement Discovery, Indemnity Costs, 2 B Scale Costs, Withdrawal of Interlocutory Application
Civil Procedure Intellectual Property Costs Copyright Pre Commencement Discovery Indemnity Costs 2 B Scale Costs Withdrawal of Interlocutory Application

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Parties

Barbara Joyce Gilbert

Applicant

Auror Limited

First Respondent

Trade Me Group Limited

Second Respondent

Philip Thomas Thomson

Third Respondent

Procedural Posture

Pre Commencement Discovery Application (interlocutory Under R 8.20 High Court Rules 2016) / Costs Judgment After Withdrawal of Application

Legal Issues

  1. 1 Whether indemnity costs should be awarded under r 14.6(4)(a) High Court Rules 2016
  2. 2 Whether the applicant acted vexatiously, frivolously, improperly, or unnecessarily
  3. 3 Appropriate quantum and scale of costs to award given the extent of material filed

Ratio Decidendi

Indemnity costs were declined because the applicant prosecuted the interlocutory pre-commencement discovery application in good faith on reasonable grounds and responsibly withdrew it after receiving evidence showing no misuse of confidential information; the appropriate order was an award of costs on the 2B scale to the first and third respondents.

Court Disposition

Applicant ordered to pay first and third respondents costs on a 2B basis

Orders

  • Applicant to pay first and third respondents costs on a 2B basis of $6,690.00 and filing fee of $110.00