CRAMPTON-SMITH V CRAMPTON-SMITH HC ROT CIV-2006-463-000840

CRAMPTON-SMITH V CRAMPTON-SMITH HC ROT CIV-2006-463-000840

Because the Court of Appeal allowed the plaintiff's appeal making him the successful party and the defendant did not oppose, the High Court awarded costs to the plaintiff on the 2B scale and allowed the claimed disbursements, totalling $44,879.23.

Citation
openlaw-1627582d_42b7_457e_b589_315e2df7fbe8.pdf
Parties
Plaintiff: Christopher Crampton-Smith; Defendant: Noeline Gail Crampton-Smith
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 September 2011
Procedural Posture
Civil (high Court) Appeal to Court of Appeal / Costs Application Following Successful Appeal
Outcome
Costs awarded to the plaintiff
Legal Topics
Costs Awards, 2 B Scale, Disbursements, Witness Travel
Civil Procedure Costs Appeal Costs Awards 2 B Scale Disbursements Witness Travel

Case Brief

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Parties

Christopher Crampton-Smith

Plaintiff

Noeline Gail Crampton-Smith

Defendant

Procedural Posture

Civil (high Court) Appeal to Court of Appeal / Costs Application Following Successful Appeal

Legal Issues

  1. 1 Whether the successful appellant is entitled to costs in the High Court after the Court of Appeal allowed the appeal
  2. 2 Whether costs should be assessed on the 2B scale
  3. 3 Whether the claimed disbursements including travel for witnesses from Australia are recoverable

Ratio Decidendi

Because the Court of Appeal allowed the plaintiff's appeal making him the successful party and the defendant did not oppose, the High Court awarded costs to the plaintiff on the 2B scale and allowed the claimed disbursements, totalling $44,879.23.

Court Disposition

Costs awarded to the plaintiff

Orders

  • Defendant will pay the plaintiff costs in the High Court proceedings of $44,879.23 being $35,344 plus disbursements of $9,535.23.