IRWIN v MULES [2021] NZHC 1457

IRWIN v MULES [2021] NZHC 1457

Appellant succeeded on liability (conversion and detinue) and that success, notwithstanding remittance of damages, entitled him to costs on a 2B basis and disbursements; accordingly respondents were ordered to pay costs and disbursements totaling $21,735.64, jointly and severally.

Source-derived case information.

Citation
[2021] NZHC 1457
Parties
Appellant: Brett Raymond Irwin; First Respondent: Phillipa Jane Mules; Second Respondent: Ross Fitches
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 June 2021
Procedural Posture
Appeal From District Court Under District Court Act 2000 / Costs Determination After Judgment on Appeal
Outcome
Respondents ordered to pay appellant's costs and disbursements following partial success on appeal.
Legal Topics
Conversion, Detinue, Costs, Appeal
Civil Tort Procedural Law Conversion Detinue Costs Appeal

Source-derived case record

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Parties

Brett Raymond Irwin

Appellant

Phillipa Jane Mules

First Respondent

Ross Fitches

Second Respondent

Procedural Posture

Appeal From District Court Under District Court Act 2000 / Costs Determination After Judgment on Appeal

Legal Issues

  1. 1 Whether appellant is entitled to costs after partial success on liability with damages remitted
  2. 2 Whether costs should follow the event where the successful relief was remitted to the lower court
  3. 3 Appropriate scale of costs (2B) and disbursements given duplication between two appeals

Ratio Decidendi

Appellant succeeded on liability (conversion and detinue) and that success, notwithstanding remittance of damages, entitled him to costs on a 2B basis and disbursements; accordingly respondents were ordered to pay costs and disbursements totaling $21,735.64, jointly and severally.

Court Disposition

Respondents ordered to pay appellant's costs and disbursements following partial success on appeal.

Orders

  • Respondents to pay appellant's costs in this Court on a 2B basis
  • Respondents to pay disbursements in the total amount of $21,735.64