Koromako v Uluiviti [2019] NZHC 2234

Koromako v Uluiviti [2019] NZHC 2234

Costs awarded to the plaintiffs on a scale 2B basis but reduced by 60% overall because the plaintiffs did not pursue damages by summary judgment, lost on conversion which was unsuited to summary judgment, and because the plaintiffs failed to convene an agreed reconciliation meeting which exacerbated dispute; arguments based on public interest, impecuniosity and District Court capping were rejected.

Citation
[2019] NZHC 2234
Parties
First Plaintiff/first Applicant: Ratu Isoa Soqosoqo Koromako; First Plaintiff/first Applicant: Penaia Driu Samusamuvodre; First Plaintiff/first Applicant: Josaia Koroiwaqalevu; First Plaintiff/first Applicant: John Kotoisuva; First Plaintiff/first Applicant: Liviana Hide; Second Plaintiff/second Applicant: Fiji Community Association of Auckland Inc; Defendant/respondent: Adi Asenaca Uluiviti
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 September 2019
Procedural Posture
Civil Summary Judgment Application (incorporated Societies Context) / Costs Determination Following Summary Judgment Judgment
Outcome
Costs awarded to the plaintiffs against the defendant on the summary judgment application: scale 2B costs reduced by 60%, resulting in $3,077.40 plus disbursements.
Legal Topics
Breach of Contract, Conversion, Interim Relief, Summary Judgment, Costs Award, Reconciliation Meetings
Contract Property Civil Procedure Costs Injunctions Incorporated Societies Law Breach of Contract Conversion +4 more

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Parties

Ratu Isoa Soqosoqo Koromako

First Plaintiff/first Applicant

Penaia Driu Samusamuvodre

First Plaintiff/first Applicant

Josaia Koroiwaqalevu

First Plaintiff/first Applicant

John Kotoisuva

First Plaintiff/first Applicant

Liviana Hide

First Plaintiff/first Applicant

Fiji Community Association of Auckland Inc

Second Plaintiff/second Applicant

Adi Asenaca Uluiviti

Defendant/respondent

Procedural Posture

Civil Summary Judgment Application (incorporated Societies Context) / Costs Determination Following Summary Judgment Judgment

Legal Issues

  1. 1 Whether costs should follow the event or lie where they fall
  2. 2 Whether impecuniosity or public interest justifies departing from the usual costs rule
  3. 3 Whether High Court costs should be capped by District Court scale under r14.13

Ratio Decidendi

Costs awarded to the plaintiffs on a scale 2B basis but reduced by 60% overall because the plaintiffs did not pursue damages by summary judgment, lost on conversion which was unsuited to summary judgment, and because the plaintiffs failed to convene an agreed reconciliation meeting which exacerbated dispute; arguments based on public interest, impecuniosity and District Court capping were rejected.

Court Disposition

Costs awarded to the plaintiffs against the defendant on the summary judgment application: scale 2B costs reduced by 60%, resulting in $3,077.40 plus disbursements.

Orders

  • Costs payable by A Uluiviti to the plaintiffs in the sum of $3,077.40
  • Disbursements related to the summary judgment application to be agreed or, if not agreed, fixed by the Registrar under High Court Rule 14.12(4)