CORRICK v SILICH [2017] NZHC 2357
The court fixed disbursements at $491.90 and, applying the earlier costs judgment and the defendants' schedule, fixed costs at $80,781.75, resulting in total costs and disbursements of $81,273.65 in favour of the first to fifth defendants; the plaintiffs are jointly and severally liable for that amount.
Source-derived case information.
- Citation
- [2017] NZHC 2357
- Parties
- First Plaintiff: DAVID CORRICK; Second Plaintiff: STEVEN MITCHELL; Third Plaintiff: DAVID PRALONG; Fourth Plaintiff: PAUL STENT; First Defendant: ROBERT SILICH; Second Defendant: CHRIS SNELSON; Third Defendant: GLENN MCCREADY; Fourth Defendant: FRANK PARKER; Fifth Defendant: BRETT EMENY; Sixth Defendant: DARRYL MCEVEDY; Seventh Defendant: ALISTAIR RUSSELL; Eighth Defendant: ALISTAIR SCOTT; Ninth Defendant: BRYAN LOCKIE; Tenth Defendant: DOUG MOULIN; Eleventh Defendant: MICHAEL JENKINS; Twelfth Defendant: KEN MULGREW; Thirteenth Defendant: BRIAN STEWART; Fourteenth Defendant: BLAIR O'BRIEN; Fifteenth Defendant: DARYL HONE; Sixteenth Defendant: ANDREW GORMLIE
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 September 2017
- Procedural Posture
- Civil Proceedings / Final Costs Judgment (costs and Disbursements Fixed)
- Outcome
- Costs and disbursements fixed in favour of the first to fifth defendants; plaintiffs jointly and severally liable for the amount fixed.
- Legal Topics
- Costs Assessment, Disbursements, Joint and Several Liability
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
DAVID CORRICK
First Plaintiff
STEVEN MITCHELL
Second Plaintiff
DAVID PRALONG
Third Plaintiff
PAUL STENT
Fourth Plaintiff
ROBERT SILICH
First Defendant
CHRIS SNELSON
Second Defendant
GLENN MCCREADY
Third Defendant
FRANK PARKER
Fourth Defendant
BRETT EMENY
Fifth Defendant
DARRYL MCEVEDY
Sixth Defendant
ALISTAIR RUSSELL
Seventh Defendant
ALISTAIR SCOTT
Eighth Defendant
BRYAN LOCKIE
Ninth Defendant
DOUG MOULIN
Tenth Defendant
MICHAEL JENKINS
Eleventh Defendant
KEN MULGREW
Twelfth Defendant
BRIAN STEWART
Thirteenth Defendant
BLAIR O'BRIEN
Fourteenth Defendant
DARYL HONE
Fifteenth Defendant
ANDREW GORMLIE
Sixteenth Defendant
Procedural Posture
Civil Proceedings / Final Costs Judgment (costs and Disbursements Fixed)
Legal Issues
- 1 Whether and in what amount costs and disbursements should be fixed in favour of the first to fifth defendants
- 2 Whether plaintiffs should be jointly and severally liable for those costs
Ratio Decidendi
The court fixed disbursements at $491.90 and, applying the earlier costs judgment and the defendants' schedule, fixed costs at $80,781.75, resulting in total costs and disbursements of $81,273.65 in favour of the first to fifth defendants; the plaintiffs are jointly and severally liable for that amount.
Court Disposition
Costs and disbursements fixed in favour of the first to fifth defendants; plaintiffs jointly and severally liable for the amount fixed.
Orders
- Disbursements fixed in the sum of $491.90.
- Costs as per defendants' schedule fixed at $80,781.75, making total costs and disbursements $81,273.65 in favour of the first to fifth defendants.
Full Case Text
Judgment text and source record
1 paragraphs
CORRICK v SILICH [2017] NZHC 2357 [27 September 2017]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2015-404-001805[2017] NZHC 2357BETWEEN DAVID CORRICKFirst PlaintiffSTEVEN MITCHELLSecond PlaintiffDAVID PRALONGThird PlaintiffPAUL STENTFourth PlaintiffAND ROBERT SILICHFirst Defendant/contdHearing: On the papersJudgment: 27 September 2017FINAL JUDGMENT OF WYLIE J[AS TO COSTS AND DISBURSEMENTS]This judgment was delivered by Justice WylieOn 27 September 2017 at 3.30pmPursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors/counsel:Amicus Law, AucklandHollister Jones Lellman, Tauranga/D Marriott, Auckland/contd..CHRIS SNELSONSecond DefendantGLENN MCCREADYThird DefendantFRANK PARKERFourth DefendantBRETT EMENYFifth DefendantDARRYL MCEVEDYSixth DefendantALISTAIR RUSSELLSeventh DefendantALISTAIR SCOTTEighth DefendantBRYAN LOCKIENinth DefendantDOUG MOULINTenth DefendantMICHAEL JENKINSEleventh DefendantKEN MULGREWTwelfth DefendantBRIAN STEWARTThirteenth DefendantBLAIR O'BRIENFourteenth DefendantDARYL HONEFifteenth DefendantANDREW GORMLIESixteenth Defendant[1] I thank the parties for their respective memoranda.[2] I refer to paragraph [24] of my costs judgment dated 24 August 2017. Thereis no dispute regarding disbursements, and I fix disbursements in the sum of$491.90.[3] Mr Marriott has filed a schedule of costs calculated in accordance with myearlier judgment. They total $80,781.75.[4] Accordingly, I fix costs and disbursements in favour of the first to fifthdefendants in the sum of $81,273.65.[5] I repeat the order earlier made by me. The liability of the plaintiffs for thesecosts is joint and several.______________________________Wylie J