WHEELDON v BODY CORPORATE 342525 [2016] NZHC 862

WHEELDON v BODY CORPORATE 342525 [2016] NZHC 862

Both parties obtained some measure of success under the compromise and neither succeeded sufficiently to justify a costs award; in exercise of the court's discretion costs should lie where they fall.

Citation
[2016] NZHC 862
Parties
Plaintiffs/respondents: Derek Peter Wheeldon and Carol Ann Wheeldon and other unit proprietors of Bridgewater Bay Apartments; Defendant/applicant: Body Corporate 342525; Counterclaim Respondent/applicant: Robyn Kathleen Stent
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 May 2016
Procedural Posture
Application for Interim Injunction and Strike Out; Subsequent Costs Dispute After Settlement / Costs Judgment Following Settlement and Undertakings
Outcome
Costs lie where they fall; both parties' applications for costs dismissed.
Legal Topics
Interim Injunction, Strike Out Application, Costs, Settlement Undertakings, Certificate of Public Use, Leaky Building Remediation
Civil Procedure Property Law Unit Titles Law Injunctions Health and Safety Regulation Interim Injunction Strike Out Application Costs +3 more

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Parties

Derek Peter Wheeldon and Carol Ann Wheeldon and other unit proprietors of Bridgewater Bay Apartments

Plaintiffs/respondents

Body Corporate 342525

Defendant/applicant

Robyn Kathleen Stent

Counterclaim Respondent/applicant

Procedural Posture

Application for Interim Injunction and Strike Out; Subsequent Costs Dispute After Settlement / Costs Judgment Following Settlement and Undertakings

Legal Issues

  1. 1 Whether either party was entitled to costs after settlement
  2. 2 Appropriate costs order where both parties obtained partial success
  3. 3 Whether indemnity costs were justified by unreasonable or vexatious conduct

Ratio Decidendi

Both parties obtained some measure of success under the compromise and neither succeeded sufficiently to justify a costs award; in exercise of the court's discretion costs should lie where they fall.

Court Disposition

Costs lie where they fall; both parties' applications for costs dismissed.

Orders

  • Costs lie where they fall and both applications for costs are dismissed