CURTIS v GIBSON [2014] NZHC 969

CURTIS v GIBSON [2014] NZHC 969

Because the Court of Appeal affirmed a joint venture limited to Australian rights only (a substantially narrower success than plaintiffs' original worldwide joint venture claim), the Court awarded a 50% discount to pre-appeal High Court costs; full costs were awarded for the subsequent account hearings, but s45 of...

Source-derived case information.

Citation
[2014] NZHC 969
Parties
First Plaintiff: Richard John Curtis; Second Plaintiff: Curtis Holdings Limited; First Defendant: Rodney Mark Gibson; Second Defendant: Habode IP Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 May 2014
Procedural Posture
Civil Litigation (equity/account of Profits; Intellectual Property; Costs) / Costs Judgment Following Court of Appeal Decision and Subsequent High Court Account of Profits Hearing
Outcome
Costs and disbursements awarded to plaintiffs in part: costs apportioned and discounted for pre-legal aid period; no costs ordered against Mr Gibson for period after grant of legal aid; costs imposed jointly and severally on Habode IP Ltd and, for the pre-legal aid period, on Mr Gibson.
Legal Topics
Joint Venture, Account of Profits, Costs Following Event, Legal Services Act S45 (legal Aid), Disbursements, Discovery
Equity Commercial Law Intellectual Property Civil Procedure Costs Law Legal Aid Joint Venture Account of Profits +4 more

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Parties

Richard John Curtis

First Plaintiff

Curtis Holdings Limited

Second Plaintiff

Rodney Mark Gibson

First Defendant

Habode IP Limited

Second Defendant

Procedural Posture

Civil Litigation (equity/account of Profits; Intellectual Property; Costs) / Costs Judgment Following Court of Appeal Decision and Subsequent High Court Account of Profits Hearing

Legal Issues

  1. 1 Whether plaintiffs should be awarded full High Court costs for all stages despite narrower success on appeal
  2. 2 Whether costs should be awarded against Mr Gibson personally given legal aid and s 45 of the Legal Services Act 2011
  3. 3 Proper apportionment and discounting of costs and disbursements between stages of litigation

Ratio Decidendi

Because the Court of Appeal affirmed a joint venture limited to Australian rights only (a substantially narrower success than plaintiffs' original worldwide joint venture claim), the Court awarded a 50% discount to pre-appeal High Court costs; full costs were awarded for the subsequent account hearings, but s45 of the Legal Services Act 2011 precluded ordering costs against Mr Gibson for the period after he obtained legal aid, so costs were imposed jointly and severally on Habode IP Ltd and, where permissible, on Mr Gibson for the pre-legal aid period only.

Court Disposition

Costs and disbursements awarded to plaintiffs in part: costs apportioned and discounted for pre-legal aid period; no costs ordered against Mr Gibson for period after grant of legal aid; costs imposed jointly and severally on Habode IP Ltd and, for the pre-legal aid period, on Mr Gibson.

Orders

  • Award of $53,824.85 (costs and disbursements) against Rodney Mark Gibson and Habode IP Ltd, jointly and severally
  • Further award of $64,922 against Habode IP Ltd