CW MCRAE V MJ GRAHAM HC WN CIV-2012-485-1202

CW MCRAE V MJ GRAHAM HC WN CIV-2012-485-1202

Because the plaintiff failed to prosecute the summary judgment application, the defendant successfully opposed and the substantive proceeding is stayed with little likelihood of continuation, the court exercised its discretion to determine costs now and awarded defendant category 2B costs of $1,990.00 plus disbursements of $108.80.

Citation
openlaw-06f58550_62c3_4e63_8dbc_9a6fee070e46.pdf
Parties
Plaintiff: Christopher William McRae; Defendant: Mary Joyce Graham
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 February 2013
Procedural Posture
Civil (high Court) / Costs Judgment Following Dismissal of Summary Judgment and Stay of Proceedings
Outcome
Costs awarded to defendant on dismissed summary judgment application; no costs in respect of interlocutory distribution or substantive proceeding to date
Legal Topics
Summary Judgment, Costs, Stay of Proceedings, Interim Distribution
Civil Procedure Family Law Trusts and Property Summary Judgment Costs Stay of Proceedings Interim Distribution

Case Brief

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Parties

Christopher William McRae

Plaintiff

Mary Joyce Graham

Defendant

Procedural Posture

Civil (high Court) / Costs Judgment Following Dismissal of Summary Judgment and Stay of Proceedings

Legal Issues

  1. 1 Whether costs should be awarded for the dismissed summary judgment application
  2. 2 Whether costs should be assessed now despite rule 14.8(3) High Court Rules which generally reserves costs on dismissed summary judgment applications
  3. 3 Whether plaintiff’s conduct and prior consensual payments affect entitlement to costs

Ratio Decidendi

Because the plaintiff failed to prosecute the summary judgment application, the defendant successfully opposed and the substantive proceeding is stayed with little likelihood of continuation, the court exercised its discretion to determine costs now and awarded defendant category 2B costs of $1,990.00 plus disbursements of $108.80.

Court Disposition

Costs awarded to defendant on dismissed summary judgment application; no costs in respect of interlocutory distribution or substantive proceeding to date

Orders

  • Costs awarded to the defendant against the plaintiff on a category 2B basis in the sum of $1,990.00
  • Disbursements awarded to the defendant in the sum of $108.80 (filing fee)