MAILLEY v SHAW [2021] NZHC 3447

MAILLEY v SHAW [2021] NZHC 3447

The applications for recall and recusal were dismissed; defendants were entitled to costs assessed on a category 2B/scale basis; the Court was not satisfied an uplift was warranted despite characterisation of the plaintiffs' filings as repetitive and without merit; accordingly scale costs and claimed disbursements as itemised were awarded to the defendants.

Citation
[2021] NZHC 3447
Parties
First Plaintiff: Martin Mailley; Second Plaintiff: Sabrina Nutarelli; First Defendant: Antony Shaw; Second Defendant (discontinued): Tony Ellis; Third Defendant: The New Zealand Law Society
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 December 2021
Procedural Posture
Application to Recall Judgment / Costs Determination Following Recall Application
Outcome
Applications dismissed; costs awarded to defendants on scale and specified disbursements awarded
Legal Topics
Costs on Application, Recall of Judgment, Recusal Application, Disbursements, Scale Costs
Civil Procedure Costs Judicial Recusal Costs on Application Recall of Judgment Recusal Application Disbursements Scale Costs

Case Brief

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Parties

Martin Mailley

First Plaintiff

Sabrina Nutarelli

Second Plaintiff

Antony Shaw

First Defendant

Tony Ellis

Second Defendant (discontinued)

The New Zealand Law Society

Third Defendant

Procedural Posture

Application to Recall Judgment / Costs Determination Following Recall Application

Legal Issues

  1. 1 Whether the plaintiff's applications for recall and recusal should be dismissed
  2. 2 Whether defendants are entitled to costs on a category 2B/scale basis
  3. 3 Whether an uplift of 25% for increased costs is justified

Ratio Decidendi

The applications for recall and recusal were dismissed; defendants were entitled to costs assessed on a category 2B/scale basis; the Court was not satisfied an uplift was warranted despite characterisation of the plaintiffs' filings as repetitive and without merit; accordingly scale costs and claimed disbursements as itemised were awarded to the defendants.

Court Disposition

Applications dismissed; costs awarded to defendants on scale and specified disbursements awarded

Orders

  • Mr Mailley shall pay Mr Shaw costs in the sum of $3,346 exclusive of GST
  • Mr Mailley shall pay Mr Shaw disbursements of $95.65 exclusive of GST