HALL V BEAUMONT HC CHCH CIV-2012-409-001649

HALL V BEAUMONT HC CHCH CIV-2012-409-001649

The court found the proceedings and interlocutory steps were necessary up to 8 August and awarded costs for those steps; after 8 August the parties were neither clearly right nor wrong and were to bear their own costs for subsequent negotiations, resulting in an award of $8,358 plus disbursements of $2,102.50 (total $10,460).

Citation
openlaw-e9dcc4e4_239a_4e3b_8de1_6be9ba4c5cc7.pdf
Parties
Applicants: Cliff Hall; Heather Hall; James MacQueen; James Green; Maureen Green; James McQueen; Steve Tasker; Julie Tasker; Max Chambers; Shannon Chambers (as trustees of the respective family trusts); First Respondent: Garry Beaumont; Second Respondent: Karen Beaumont; Third Respondents: Gary Beaumont and Karen Beaumont (as trustees of the Garry Beaumont Family Trust)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 September 2012
Procedural Posture
Action in Restraint of Trade / Costs Judgment (post‑settlement)
Outcome
Costs awarded to applicants in the sum of $8,358 plus disbursements of $2,102.50; parties to bear their own costs for steps after 8 August.
Legal Topics
Interim Injunction, Settlement, Assessment of Costs, Necessity of Proceedings
Restraint of Trade Injunctions Costs Trusts Civil Procedure Interim Injunction Settlement Assessment of Costs +1 more

Case Brief

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Parties

Cliff Hall; Heather Hall; James MacQueen; James Green; Maureen Green; James McQueen; Steve Tasker; Julie Tasker; Max Chambers; Shannon Chambers (as trustees of the respective family trusts)

Applicants

Garry Beaumont

First Respondent

Karen Beaumont

Second Respondent

Gary Beaumont and Karen Beaumont (as trustees of the Garry Beaumont Family Trust)

Third Respondents

Procedural Posture

Action in Restraint of Trade / Costs Judgment (post‑settlement)

Legal Issues

  1. 1 Whether the proceedings and interlocutory steps were necessary
  2. 2 Whether costs should be awarded and if so the quantum
  3. 3 Allocation of costs following settlement

Ratio Decidendi

The court found the proceedings and interlocutory steps were necessary up to 8 August and awarded costs for those steps; after 8 August the parties were neither clearly right nor wrong and were to bear their own costs for subsequent negotiations, resulting in an award of $8,358 plus disbursements of $2,102.50 (total $10,460).

Court Disposition

Costs awarded to applicants in the sum of $8,358 plus disbursements of $2,102.50; parties to bear their own costs for steps after 8 August.

Orders

  • Applicants awarded costs of $8,358
  • Disbursements awarded $2,102.50