PRICE AND ORS V SOFTWARE EDUCATIONAL RESOURCES LIMITED AND ANOR HC AK CIV-2010-404-002922

PRICE AND ORS V SOFTWARE EDUCATIONAL RESOURCES LIMITED AND ANOR HC AK CIV-2010-404-002922

Costs were confined to the interlocutory application as a discrete step; it was premature to award costs for the commencement of the substantive proceeding; costs for the interlocutory application were assessed at band C daily rates leading to the specified sum and disbursements.

Citation
openlaw-8e097d93_4b9d_49b8_85dc_92304cf81cad.pdf
Parties
First Plaintiff: Christopher John Price; First Plaintiff: Cheryl Frances Price; Second Plaintiff: Callum Investments Limited; First Defendant: Software Educational Resources Limited; Second Defendant: Stephen William Nichols
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 August 2010
Procedural Posture
Civil (interim Injunction Arising From Alleged Breach of Settlement Agreement) / Costs Hearing Following Grant of Interim Injunction
Outcome
Defendants ordered to pay plaintiffs' costs and disbursements in relation to the interlocutory injunction application; no costs awarded for commencement of the substantive proceeding at this stage.
Legal Topics
Interim Injunction, Settlement Agreement Enforcement, Indemnity Costs, Costs Assessment, Default of Settlement
Civil Procedure Contract Injunctions Costs Interim Injunction Settlement Agreement Enforcement Indemnity Costs Costs Assessment +1 more

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Parties

Christopher John Price

First Plaintiff

Cheryl Frances Price

First Plaintiff

Callum Investments Limited

Second Plaintiff

Software Educational Resources Limited

First Defendant

Stephen William Nichols

Second Defendant

Procedural Posture

Civil (interim Injunction Arising From Alleged Breach of Settlement Agreement) / Costs Hearing Following Grant of Interim Injunction

Legal Issues

  1. 1 Whether costs for the substantive proceeding could be awarded at interlocutory stage
  2. 2 Whether increased or indemnity costs were justified
  3. 3 Whether costs should be limited to the interlocutory application as a discrete step

Ratio Decidendi

Costs were confined to the interlocutory application as a discrete step; it was premature to award costs for the commencement of the substantive proceeding; costs for the interlocutory application were assessed at band C daily rates leading to the specified sum and disbursements.

Court Disposition

Defendants ordered to pay plaintiffs' costs and disbursements in relation to the interlocutory injunction application; no costs awarded for commencement of the substantive proceeding at this stage.

Orders

  • Defendants to pay plaintiffs' costs of $4,328.00 in relation to the interlocutory application for an interim injunction.
  • Defendants to pay plaintiffs' disbursements of $953.25 for High Court filing and service fees.