OKKERSE v AOTEAROA ENTERPRISES LIMITED [2015] NZHC 342
The court awarded defendants costs on a 2B basis of $37,014 and exercised its discretion to increase costs by 100%, resulting in a total award of $74,028, while noting that a separate sum of $41,806 due to the plaintiffs is not part of this costs order.
Source-derived case information.
- Citation
- [2015] NZHC 342
- Parties
- Plaintiff: Janette Yvonne Okkerse; Plaintiff: David John Chapman; Defendant: Aotearoa Enterprises Limited; Defendant: Richard Hudson Caughley; Defendant: Matthew Peter Whimp
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 3 March 2015
- Procedural Posture
- Section 174 Companies Act Application for Rectification of Company Records / Costs Assessment / Judgment
- Outcome
- Costs awarded to the defendants
- Legal Topics
- Rectification of Company Records, Costs Awards, Increased Costs, Section 174
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janette Yvonne Okkerse
Plaintiff
David John Chapman
Plaintiff
Aotearoa Enterprises Limited
Defendant
Richard Hudson Caughley
Defendant
Matthew Peter Whimp
Defendant
Procedural Posture
Section 174 Companies Act Application for Rectification of Company Records / Costs Assessment / Judgment
Legal Issues
- 1 Whether costs should be awarded to the defendants
- 2 Appropriate quantum of costs and whether increased costs are justified
- 3 Whether amounts owing to plaintiffs are part of the costs order
Ratio Decidendi
The court awarded defendants costs on a 2B basis of $37,014 and exercised its discretion to increase costs by 100%, resulting in a total award of $74,028, while noting that a separate sum of $41,806 due to the plaintiffs is not part of this costs order.
Court Disposition
Costs awarded to the defendants
Orders
- Costs awarded in favour of the defendants on a 2B basis in the sum of $37,014.
- Increased costs of 100% ordered, increasing the award to a total sum of $74,028.
Full Case Text
Judgment text and source record
1 paragraphs
OKKERSE v AOTEAROA ENTERPRISES LIMITED [2015] NZHC 342 [3 March 2015]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2013-485-7137[2015] NZHC 342UNDER Section 174 of the Companies ActIN THE MATTER of an application for (inter alia)rectification of the records of a companyBETWEEN JANETTE YVONNE OKKERSE ANDDAVID JOHN CHAPMANPlaintiffsAND AOTEAROA ENTERPRISES LIMITEDFirst DefendantRICHARD HUDSON CAUGHLEY ANDMATTHEW PETER WHIMPSecond DefendantsOn the papersCounsel: C M Stevens for PlaintiffsJ B M Smith QC and M J Ferrier for DefendantsJudgment: 3 March 2015JUDGMENT OF GODDARD JThis judgment was delivered by me on 3 March 2015at 4.30 pm, pursuant to r 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors:DLA Phillips Fox, Wellington for PlaintiffsLuke Cunningham and Clere, Wellington for Defendants[1] Having read and considered the submissions of counsel for the plaintiffs and defendants, the following costs orders are made:(i) Costs are awarded in favour of the defendants on a 2B basis in the sum of $37,014.(ii) It is appropriate in the circumstances of the case for an order for increased costs to be made, which is justified as 100 per cent. This has the effect of increasing the award of costs to a total sum of $74,028. In my view this approach reflects fairly upon the situation of all parties.(iii) The sum of $41,806 due to the plaintiffs is a separate matter which should not form part of the present costs order.Result[2] There will be an award of costs of in favour of the defendants in the total sum of $74,028.Goddard J