FOWLER DEVELOPMENTS LIMITED V ROBERTSON HC CHCH CIV-2009-409-000454

FOWLER DEVELOPMENTS LIMITED V ROBERTSON HC CHCH CIV-2009-409-000454

Because the applicants sought costs on a 2B basis with quantified amounts, and the plaintiff failed to file any costs submissions despite being given time, the Court awarded costs to the third and fourth defendants on the 2B scale with the disbursements claimed.

Citation
openlaw-2861fcbd_d20b_4b09_9afb_d15d3b1e18ac.pdf
Parties
Plaintiff: Fowler Developments Limited; First Defendant: Craig James Robertson; Third Defendant: Peter John Carr and Tina Maria Carr; Fourth Defendant: New Zealand Home Bonds Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 August 2012
Procedural Posture
Civil Costs Application Following Judgment / Post Judgment Costs Determination
Outcome
Costs awarded to the third and fourth defendants on a 2B basis with disbursements as claimed.
Legal Topics
Costs Orders, 2 B Scale, Disbursements, Procedural Compliance, Filing Deadlines
Civil Procedure Costs Costs Orders 2 B Scale Disbursements Procedural Compliance Filing Deadlines

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Parties

Fowler Developments Limited

Plaintiff

Craig James Robertson

First Defendant

Peter John Carr and Tina Maria Carr

Third Defendant

New Zealand Home Bonds Limited

Fourth Defendant

Procedural Posture

Civil Costs Application Following Judgment / Post Judgment Costs Determination

Legal Issues

  1. 1 entitlement to costs on a 2B basis
  2. 2 quantification of disbursements
  3. 3 effect of failure to file submissions by the plaintiff

Ratio Decidendi

Because the applicants sought costs on a 2B basis with quantified amounts, and the plaintiff failed to file any costs submissions despite being given time, the Court awarded costs to the third and fourth defendants on the 2B scale with the disbursements claimed.

Court Disposition

Costs awarded to the third and fourth defendants on a 2B basis with disbursements as claimed.

Orders

  • Third defendants awarded costs on a 2B basis of $30,220 and disbursements of $200.
  • Fourth defendant awarded costs on a 2B basis of $33,132 and disbursements of $184.