FISHER AND FISHER V PHILLIPS AND SARDINERO TRUSTEES LIMITED HC CHCH CIV 2010-409-001985

FISHER AND FISHER V PHILLIPS AND SARDINERO TRUSTEES LIMITED HC CHCH CIV 2010-409-001985

Award costs to plaintiffs on scale for their success in the ex parte interim proceedings but only against the first‑named first defendant, Baydon John Phillips; Sardinero Trustees Limited not ordered to pay costs due to lack of active involvement; Baydon Phillips entitled to scale costs for his successful application to vary interlocutory orders, reduced by 25% to reflect partial success; no uplift awarded.

Citation
openlaw-eb81c411_272e_4375_b14c_6070bfe23e17.pdf
Parties
Plaintiffs: Aaron George Fisher and Amy Jocelyn Fisher; First Named First Defendant: Baydon John Phillips; Second Named First Defendant: Sardinero Trustees Limited; Second Defendant: Bayjah Developments Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 November 2012
Procedural Posture
Civil Proceeding Injunction and Restrictive Covenant / Costs Judgment
Outcome
Costs awarded to plaintiffs against Baydon John Phillips on scale for ex parte proceedings; Sardinero Trustees Limited not ordered to pay; Baydon John Phillips awarded scale costs on his variation application reduced by 25%; no uplift granted.
Legal Topics
Interim Injunction, Ex Parte Proceedings, Variation of Interlocutory Orders, Costs Award, Scale Costs, Uplift Application
Civil Procedure Property Law Restrictive Covenants Costs Interim Injunction Ex Parte Proceedings Variation of Interlocutory Orders Costs Award +2 more

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Parties

Aaron George Fisher and Amy Jocelyn Fisher

Plaintiffs

Baydon John Phillips

First Named First Defendant

Sardinero Trustees Limited

Second Named First Defendant

Bayjah Developments Limited

Second Defendant

Procedural Posture

Civil Proceeding Injunction and Restrictive Covenant / Costs Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs against the first defendants
  2. 2 Whether Sardinero Trustees Limited should be ordered to pay costs given its limited involvement
  3. 3 Appropriate quantum and scale of costs given partial successes

Ratio Decidendi

Award costs to plaintiffs on scale for their success in the ex parte interim proceedings but only against the first‑named first defendant, Baydon John Phillips; Sardinero Trustees Limited not ordered to pay costs due to lack of active involvement; Baydon Phillips entitled to scale costs for his successful application to vary interlocutory orders, reduced by 25% to reflect partial success; no uplift awarded.

Court Disposition

Costs awarded to plaintiffs against Baydon John Phillips on scale for ex parte proceedings; Sardinero Trustees Limited not ordered to pay; Baydon John Phillips awarded scale costs on his variation application reduced by 25%; no uplift granted.

Orders

  • Award costs to the plaintiffs on scale against Baydon John Phillips for the ex parte/interim proceedings
  • Award scale costs to Baydon John Phillips for the interlocutory application to rescind or vary, reduced by 25%