HUNTER V CARDEN HC AK CIV 2006-404-006282

HUNTER V CARDEN HC AK CIV 2006-404-006282

Associate Judge Abbott held the defendant was entitled to full mid-band (2B) scale costs of $7,360 plus disbursements fixed by the Registrar; the defendant's reliance on senior counsel's opinion and the concurrent security for costs application were reasonable litigation steps and did not justify reducing the prescribed scale costs because there was no basis to find the assumed costs were disproportionate.

Citation
openlaw-5743728a_5997_4df3_a445_59b4155678c9.pdf
Parties
Plaintiff: Keith Mervyn George Hunter; Defendant: David M Carden
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 September 2010
Procedural Posture
Civil Proceeding Summary Judgment Application Arising From Alleged Professional Negligence in Relationship Property Proceedings / Costs Application Following Successful Summary Judgment and Dismissal of Appeal
Outcome
Costs awarded to defendant
Legal Topics
Summary Judgment, Security for Costs, Scale Costs, Costs Following the Event, Appeal
Civil Procedure Costs Professional Negligence Relationship Property Law Summary Judgment Security for Costs Scale Costs Costs Following the Event +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Keith Mervyn George Hunter

Plaintiff

David M Carden

Defendant

Procedural Posture

Civil Proceeding Summary Judgment Application Arising From Alleged Professional Negligence in Relationship Property Proceedings / Costs Application Following Successful Summary Judgment and Dismissal of Appeal

Legal Issues

  1. 1 Whether the standard mid-band (2B) scale costs should be reduced
  2. 2 Whether reliance on a senior counsel's opinion that was not determinative justifies a costs reduction
  3. 3 Whether an unsuccessful application for security for costs justifies a costs reduction

Ratio Decidendi

Associate Judge Abbott held the defendant was entitled to full mid-band (2B) scale costs of $7,360 plus disbursements fixed by the Registrar; the defendant's reliance on senior counsel's opinion and the concurrent security for costs application were reasonable litigation steps and did not justify reducing the prescribed scale costs because there was no basis to find the assumed costs were disproportionate.

Court Disposition

Costs awarded to defendant

Orders

  • Costs awarded to defendant on scale 2B in the sum of $7,360
  • Disbursements to be paid as fixed by the Registrar