BODY CORPORATE 185960 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-004-003535

BODY CORPORATE 185960 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-004-003535

The Court categorised the proceeding as 3B, allowed an uplift from band B to band C for trial preparation and hearing to reflect delays and complexity, but declined to award increased or indemnity costs under r14.6 because the third defendant's opposing contractual interpretation was arguable and the delays did not warrant a separate increased costs order; awarded costs of $332,688 and disbursements of $90,162.01 to the plaintiffs.

Citation
openlaw-398a88e4_c88b_4c78_ae05_c961d98e3ef4.pdf
Parties
First Plaintiff: Body Corporate 185960; Second Plaintiff: K J Gaitely and others; First Defendant: North Shore City Council; Second Defendant: R J Drew; Third Defendant: B Gailer; First Third Party: Celestar Property Developments Limited; Second Third Party: G L Norrish; Third Third Party: S Campbell; Fourth Third Party: I Driver; Fifth Third Party: Hibiscus Roofing Company Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 October 2009
Procedural Posture
Civil (leaky Building / Damages) / Costs Application and Judgment on Costs (post Trial)
Outcome
Costs awarded to plaintiffs; proceeding categorised 3B with uplift to band C for trial preparation and hearing; application for increased or indemnity costs denied.
Legal Topics
Costs Orders, Increased Costs, Indemnity Costs, High Court Rules R14, Categorisation of Proceedings, Leaky Building Claims
Civil Procedure Costs Building Defects Contract Law Costs Orders Increased Costs Indemnity Costs High Court Rules R14 +2 more

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Parties

Body Corporate 185960

First Plaintiff

K J Gaitely and others

Second Plaintiff

North Shore City Council

First Defendant

R J Drew

Second Defendant

B Gailer

Third Defendant

Celestar Property Developments Limited

First Third Party

G L Norrish

Second Third Party

S Campbell

Third Third Party

I Driver

Fourth Third Party

Hibiscus Roofing Company Limited

Fifth Third Party

Procedural Posture

Civil (leaky Building / Damages) / Costs Application and Judgment on Costs (post Trial)

Legal Issues

  1. 1 Proper categorisation of the proceeding under High Court Rules r14.3
  2. 2 Whether uplift to band C for trial preparation and hearing is justified
  3. 3 Whether increased or indemnity costs under r14.6 should be awarded for opponent's conduct

Ratio Decidendi

The Court categorised the proceeding as 3B, allowed an uplift from band B to band C for trial preparation and hearing to reflect delays and complexity, but declined to award increased or indemnity costs under r14.6 because the third defendant's opposing contractual interpretation was arguable and the delays did not warrant a separate increased costs order; awarded costs of $332,688 and disbursements of $90,162.01 to the plaintiffs.

Court Disposition

Costs awarded to plaintiffs; proceeding categorised 3B with uplift to band C for trial preparation and hearing; application for increased or indemnity costs denied.

Orders

  • Costs awarded to plaintiffs in the amount NZD 332688
  • Disbursements awarded to plaintiffs in the amount NZD 90162.01