LYNN & OR v A C FRYER & SONS LTD [2014] NZHC 83

LYNN & OR v A C FRYER & SONS LTD [2014] NZHC 83

The court ordered the first and second defendants to pay the second plaintiff's costs on a 2B basis and disbursements because they accepted liability and only minor adjustments were required; the court refused to order the first and second defendants to pay the third defendant's costs because although the joinder...

Source-derived case information.

Citation
[2014] NZHC 83
Parties
First Plaintiff: MURRAY RICHARD LYNN; Second Plaintiff: LYNN BROTHERS FARMING LIMITED; First Defendant: A C FRYER & SONS LIMITED; Second Defendant: ROBERT DENNIS FRYER; Third Defendant: PETER WILD
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 February 2014
Procedural Posture
Civil (costs Application) / Costs Assessment Post Judgment
Outcome
Costs orders issued: first and second defendants to pay second plaintiff's costs and disbursements; third defendant awarded costs and disbursements against second plaintiff; no order requiring first and second defendants to pay the third defendant's costs.
Legal Topics
Joinder, Costs Assessment, Sanderson Order, 2 B Scale, Standard of Care, Disbursements
Civil Procedure Costs Tort Law Negligence Joinder Costs Assessment Sanderson Order 2 B Scale +2 more

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Parties

MURRAY RICHARD LYNN

First Plaintiff

LYNN BROTHERS FARMING LIMITED

Second Plaintiff

A C FRYER & SONS LIMITED

First Defendant

ROBERT DENNIS FRYER

Second Defendant

PETER WILD

Third Defendant

Procedural Posture

Civil (costs Application) / Costs Assessment Post Judgment

Legal Issues

  1. 1 Whether first and second defendants should pay costs to the second plaintiff on a 2B basis
  2. 2 Whether first and second defendants should be ordered to pay the third defendant's costs following joinder
  3. 3 Whether the joinder of the third defendant was reasonable and whether first and second defendants contributed to the joinder

Ratio Decidendi

The court ordered the first and second defendants to pay the second plaintiff's costs on a 2B basis and disbursements because they accepted liability and only minor adjustments were required; the court refused to order the first and second defendants to pay the third defendant's costs because although the joinder was reasonable the second plaintiff's failure to prove the standard of care was independent of the first and second defendants and therefore it was not reasonable to require them to meet the third defendant's costs.

Court Disposition

Costs orders issued: first and second defendants to pay second plaintiff's costs and disbursements; third defendant awarded costs and disbursements against second plaintiff; no order requiring first and second defendants to pay the third defendant's costs.

Orders

  • First and second defendants ordered to pay second plaintiff costs on a 2B basis totalling $44736.50
  • First and second defendants ordered to pay second plaintiff disbursements totaling $10546.28