SMALL LIMITED AND ANOR V TIMOTHY LAIRD EDNEY AND ANOR HC AK CIV 2007-404-007987

SMALL LIMITED AND ANOR V TIMOTHY LAIRD EDNEY AND ANOR HC AK CIV 2007-404-007987

Given Scotia's contractual entitlement to indemnity costs and the plaintiffs' conduct (notably failure to comply with timetable orders and serious allegations of forgery), the Court exercised its discretion under High Court Rule 48C(4)(e) and ordered Waimauri entitled to indemnity costs in relation to Scotia's interim injunction application, while directing costs for the defendants' security for costs application be assessed on a 2B basis and limiting indemnity recovery to attendances related to the injunction application.

Citation
openlaw-289777b5_af0c_4972_aefc_1b02dac5faf0.pdf
Parties
First Plaintiff: Small Limited; Second Plaintiff: Scotia Trustee Limited; First Defendant: Timothy Laird Edney; Second Defendant: Waimauri Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 May 2008
Procedural Posture
Civil Proceeding Injunction and Related Claims / Costs Determination Following Withdrawal of Interim Injunction Application
Outcome
Waimauri is entitled to indemnity costs in relation to Scotia's interim injunction application; defendants are entitled to costs on their application for security for costs on a 2B basis.
Legal Topics
Interim Injunction, Indemnity Costs, Security for Costs, Forgery Allegations, Property Law Act S 92, Costs Revision
Civil Procedure Contract Law Property Law Costs and Litigation Funding Equity Interim Injunction Indemnity Costs Security for Costs +3 more

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Parties

Small Limited

First Plaintiff

Scotia Trustee Limited

Second Plaintiff

Timothy Laird Edney

First Defendant

Waimauri Limited

Second Defendant

Procedural Posture

Civil Proceeding Injunction and Related Claims / Costs Determination Following Withdrawal of Interim Injunction Application

Legal Issues

  1. 1 Whether Waimauri is entitled to indemnity costs for opposing Scotia's interim injunction application
  2. 2 Whether claimed solicitor and own client costs are reasonable and limited to the injunction application
  3. 3 What part of the defendants' costs should be on a 2B basis (security for costs)

Ratio Decidendi

Given Scotia's contractual entitlement to indemnity costs and the plaintiffs' conduct (notably failure to comply with timetable orders and serious allegations of forgery), the Court exercised its discretion under High Court Rule 48C(4)(e) and ordered Waimauri entitled to indemnity costs in relation to Scotia's interim injunction application, while directing costs for the defendants' security for costs application be assessed on a 2B basis and limiting indemnity recovery to attendances related to the injunction application.

Court Disposition

Waimauri is entitled to indemnity costs in relation to Scotia's interim injunction application; defendants are entitled to costs on their application for security for costs on a 2B basis.

Orders

  • Waimauri entitled to indemnity costs pursuant to High Court Rule 48C(4)(e) in relation to Scotia's interim injunction application
  • Defendants awarded costs on their application for security for costs on a 2B basis