MCLEAN v MARSHALL [2016] NZHC 1770

MCLEAN v MARSHALL [2016] NZHC 1770

The plaintiff is entitled to costs for the proceedings after remittal to the High Court, assessed on a 2B basis but limited to the amounts actually incurred: $14,446 for costs and $1,702.44 for disbursements.

Citation
[2016] NZHC 1770
Parties
Plaintiff: Douglas Wayne Fraser McLean; Defendant: Robert Ritchie Marshall
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2016
Procedural Posture
Civil / Judgment on Costs Following Remittal From the Court of Appeal
Outcome
Judgment for the plaintiff for costs and disbursements.
Legal Topics
Quantum, Costs Assessment, Disbursements, Remittal
Civil Litigation Costs Appeals Quantum Costs Assessment Disbursements Remittal

Case Brief

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Parties

Douglas Wayne Fraser McLean

Plaintiff

Robert Ritchie Marshall

Defendant

Procedural Posture

Civil / Judgment on Costs Following Remittal From the Court of Appeal

Legal Issues

  1. 1 Whether costs should be awarded for proceedings after remittal to the High Court
  2. 2 Appropriate basis and quantum for costs
  3. 3 Whether costs recoverable are limited to amounts actually incurred

Ratio Decidendi

The plaintiff is entitled to costs for the proceedings after remittal to the High Court, assessed on a 2B basis but limited to the amounts actually incurred: $14,446 for costs and $1,702.44 for disbursements.

Court Disposition

Judgment for the plaintiff for costs and disbursements.

Orders

  • Judgment for the plaintiff for costs in the sum of $14,446
  • Disbursements in the sum of $1,702.44