NORMAN v NORMAN GLASS SERVICES LTD [2017] NZHC 2085

NORMAN v NORMAN GLASS SERVICES LTD [2017] NZHC 2085

NGSL was entitled to a net costs award because its successful opposition to the caveat (which prevented the sale) was the dominant successful outcome; the interim injunction failed because NGSL did not provide evidence of ability to pay an undertaking in damages; costs were apportioned by allocating 1.75 hearing...

Source-derived case information.

Citation
[2017] NZHC 2085
Parties
Applicant/defendant: Mark Norman; Respondent/plaintiff: Norman Glass Services Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 August 2017
Procedural Posture
Caveat Removal Application and Interlocutory Injunction; Related Substantive Claim for Right of First Refusal / Costs Determination Post Judgment
Outcome
Costs awarded in favour of Norman Glass Services Limited against Mark Norman in the sum of $6,897.46
Legal Topics
Caveat, Interim Injunction, Right of First Refusal, Specific Performance, Costs
Property Law Civil Procedure Equity Contract Caveat Interim Injunction Right of First Refusal Specific Performance +1 more

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Parties

Mark Norman

Applicant/defendant

Norman Glass Services Limited

Respondent/plaintiff

Procedural Posture

Caveat Removal Application and Interlocutory Injunction; Related Substantive Claim for Right of First Refusal / Costs Determination Post Judgment

Legal Issues

  1. 1 Whether the caveat lodged by NGSL should be removed under s 143 Land Transfer Act 1952
  2. 2 Whether an interim injunction should be granted to restrain sale pending trial on NGSL's claim to a right of first refusal
  3. 3 Whether NGSL demonstrated ability to meet an undertaking in damages

Ratio Decidendi

NGSL was entitled to a net costs award because its successful opposition to the caveat (which prevented the sale) was the dominant successful outcome; the interim injunction failed because NGSL did not provide evidence of ability to pay an undertaking in damages; costs were apportioned by allocating 1.75 hearing days to NGSL and 0.25 days to Mr Norman, producing a net award to NGSL of $6,897.46.

Court Disposition

Costs awarded in favour of Norman Glass Services Limited against Mark Norman in the sum of $6,897.46

Orders

  • Mark Norman is ordered to pay Norman Glass Services Limited $6,897.46 for costs and disbursements