G M TODD & OTHERS (MACALISTER TODD) V G J HILLARY AND ANOR HC AK CIV 2005-412-000294

G M TODD & OTHERS (MACALISTER TODD) V G J HILLARY AND ANOR HC AK CIV 2005-412-000294

As successful parties Macalister Todd and Corban Revell are entitled to costs on a Category 2 Time Scale B basis; Corban Revell is entitled to recover costs arising from being joined as third party but those costs are apportioned between Macalister Todd and G J Hillary because the third party claim did not feature at trial; Corban Revell's request for second counsel costs was disallowed as unnecessary; no uplift awarded to Corban Revell because its offer was intertwined with separate proceedings and it was reasonable for Hillary to decline, but a 50% uplift was awarded to Macalister Todd because Hillary unreasonably refused Macalister Todd's settlement offer causing additional unnecessary...

Citation
openlaw-386fa8a7_7287_42fe_96a4_8bbb0e07d143.pdf
Parties
Plaintiffs and First Counterclaim Defendants: G M Todd & Others (Macalister Todd); Defendant and Counterclaim Plaintiff: G J Hillary; Second Counterclaim Defendants/first Third Party: A P Duncan & Others (Corban Revell)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 August 2007
Procedural Posture
Civil Costs Determination Following Judgment / Post Judgment Costs Hearing
Outcome
Costs awarded to Corban Revell and Macalister Todd against G J Hillary; apportionment between G J Hillary and Macalister Todd for certain Corban Revell costs; uplift of 50% awarded to Macalister Todd; second counsel costs disallowed.
Legal Topics
Costs Awards, Apportionment, Costs Uplift for Refusal to Accept Offer, Third Party Claim Liability, Scale 2 B Time Bands
Civil Procedure Costs Costs Awards Apportionment Costs Uplift for Refusal to Accept Offer Third Party Claim Liability Scale 2 B Time Bands

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Parties

G M Todd & Others (Macalister Todd)

Plaintiffs and First Counterclaim Defendants

G J Hillary

Defendant and Counterclaim Plaintiff

A P Duncan & Others (Corban Revell)

Second Counterclaim Defendants/first Third Party

Procedural Posture

Civil Costs Determination Following Judgment / Post Judgment Costs Hearing

Legal Issues

  1. 1 entitlement to costs for successful parties
  2. 2 apportionment of costs arising from third party claim
  3. 3 entitlement to uplift for refusal to accept settlement offers under High Court Rules r 48C

Ratio Decidendi

As successful parties Macalister Todd and Corban Revell are entitled to costs on a Category 2 Time Scale B basis; Corban Revell is entitled to recover costs arising from being joined as third party but those costs are apportioned between Macalister Todd and G J Hillary because the third party claim did not feature at trial; Corban Revell's request for second counsel costs was disallowed as unnecessary; no uplift awarded to Corban Revell because its offer was intertwined with separate proceedings and it was reasonable for Hillary to decline, but a 50% uplift was awarded to Macalister Todd because Hillary unreasonably refused Macalister Todd's settlement offer causing additional unnecessary...

Court Disposition

Costs awarded to Corban Revell and Macalister Todd against G J Hillary; apportionment between G J Hillary and Macalister Todd for certain Corban Revell costs; uplift of 50% awarded to Macalister Todd; second counsel costs disallowed.

Orders

  • Corban Revell to have costs against Macalister Todd in the sum of $2990.00
  • Corban Revell to have costs against G J Hillary in the sum of $4040.00