HALLIDAY v HANNAH [2022] NZHC 3570

HALLIDAY v HANNAH [2022] NZHC 3570

Costs were reserved until after determination of the substantive proceeding because, although the summary judgment application had significant legal and factual difficulties and the judge had a preliminary view that defendants were entitled to costs, the court was not satisfied the plaintiff ought to have realised...

Source-derived case information.

Citation
[2022] NZHC 3570
Parties
Plaintiff: Kerri-Ann Maree Halliday; First Defendant: Shane Christopher Hannah; Second Defendant: Jason Hannah
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2022
Procedural Posture
Trusts and Property Dispute Summary Judgment Application / Costs Judgment on Interlocutory Summary Judgment Application; Costs Reserved Pending Substantive Hearing
Outcome
Costs on the plaintiff's summary judgment application reserved until after determination of the substantive proceeding
Legal Topics
Summary Judgment, Costs, Bare Trust, Order for Sale, Breach of Trust, Reservation of Costs
Trusts Property Civil Procedure Relationship Property Law Summary Judgment Costs Bare Trust Order for Sale +2 more

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Parties

Kerri-Ann Maree Halliday

Plaintiff

Shane Christopher Hannah

First Defendant

Jason Hannah

Second Defendant

Procedural Posture

Trusts and Property Dispute Summary Judgment Application / Costs Judgment on Interlocutory Summary Judgment Application; Costs Reserved Pending Substantive Hearing

Legal Issues

  1. 1 Whether costs arising from an unsuccessful summary judgment application should be fixed immediately or reserved until after the substantive hearing
  2. 2 Whether the plaintiff ought to have realised the summary judgment application was unmeritorious and therefore liable for immediate costs
  3. 3 Whether the deed of bare trust and the transfer without plaintiff's consent support the relief sought including an order for sale

Ratio Decidendi

Costs were reserved until after determination of the substantive proceeding because, although the summary judgment application had significant legal and factual difficulties and the judge had a preliminary view that defendants were entitled to costs, the court was not satisfied the plaintiff ought to have realised the application was clearly inappropriate given defendants' asserted but undisclosed legal advice and the possibility that substantive evidence could explain deficiencies in the summary judgment material.

Court Disposition

Costs on the plaintiff's summary judgment application reserved until after determination of the substantive proceeding

Orders

  • Costs on the plaintiff's application for summary judgment are reserved until after determination of the substantive proceeding.
  • No costs awarded in respect of the costs memorandum; costs of that memorandum lie where they fall.