NETWORK CABLING SOLUTIONS LIMITED AND ORS V ICE GROUP (NZ) LIMITED AND ORS HC WN CIV 2008-485-1360

NETWORK CABLING SOLUTIONS LIMITED AND ORS V ICE GROUP (NZ) LIMITED AND ORS HC WN CIV 2008-485-1360

Costs awarded to defendants on a 2B basis plus disbursements as fixed by the Registrar; claim for second counsel disallowed; judicial settlement conference items disallowed; list-of-issues/authorities and selection of documents for the common bundle may be claimed separately from hearing preparation, but affidavit...

Source-derived case information.

Citation
openlaw-58f84f2c_6383_46d6_bc38_eda7f85d90a1.pdf
Parties
First Plaintiff: Network Cabling Solutions Limited; Second Plaintiff: M G Stilwell; Third Plaintiff: N B Swan; First Defendant: ICE Group (NZ) Limited; Second Defendant: E Thompson; Third Defendant: New Zealand Data Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 December 2010
Procedural Posture
Civil Shareholder/compensation Dispute / Costs Judgment (post Trial)
Outcome
Defendants awarded costs on a 2B basis plus disbursements; several contested items disallowed or adjusted; specific discovery cost adjustments ordered.
Legal Topics
Discovery, Costs Awards, Share Purchase Dispute, Alter Ego
Civil Procedure Company Law Costs Discovery Costs Awards Share Purchase Dispute Alter Ego

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Parties

Network Cabling Solutions Limited

First Plaintiff

M G Stilwell

Second Plaintiff

N B Swan

Third Plaintiff

ICE Group (NZ) Limited

First Defendant

E Thompson

Second Defendant

New Zealand Data Limited

Third Defendant

Procedural Posture

Civil Shareholder/compensation Dispute / Costs Judgment (post Trial)

Legal Issues

  1. 1 Whether costs should follow the event and be awarded to defendants
  2. 2 Whether second counsel claim was justified
  3. 3 Whether judicial settlement conference fees were claimable

Ratio Decidendi

Costs awarded to defendants on a 2B basis plus disbursements as fixed by the Registrar; claim for second counsel disallowed; judicial settlement conference items disallowed; list-of-issues/authorities and selection of documents for the common bundle may be claimed separately from hearing preparation, but affidavit preparation is part of hearing preparation and disallowed as a separate item; discovery dispute resolved by leaving plaintiffs' $10,000 order in place but awarding defendants $3,000 for discovery costs, producing a net $7,000 advantage to plaintiffs.

Court Disposition

Defendants awarded costs on a 2B basis plus disbursements; several contested items disallowed or adjusted; specific discovery cost adjustments ordered.

Orders

  • Costs awarded to defendants on a 2B basis plus disbursements as fixed by the Registrar
  • Claim for fees for second counsel disallowed