DAISLEY v WHANGAREI DISTRICT COUNCIL [2019] NZHC 156

DAISLEY v WHANGAREI DISTRICT COUNCIL [2019] NZHC 156

The summary judgment claim against the second defendant was hopeless and amounted to conduct within r14.6(4), but the second defendant's claimed costs were excessive for the summary judgment step; consequently the court awarded a reduced costs sum of $14,000 plus $95.65 disbursements to the second defendant and recognised the first defendant's agreed category 2B costs of $16,459.25 plus $1,072.25 disbursements.

Citation
[2019] NZHC 156
Parties
Plaintiff: Malcolm James Daisley; First Defendant: Whangarei District Council; Second Defendant: Wayne Wesley Peters
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 February 2019
Procedural Posture
Costs Determination Following Refusal of Leave for Summary Judgment / Costs Judgment / Post Application Assessment
Outcome
Costs awarded to first and second defendants; first defendant's costs agreed and sealed; second defendant awarded reduced costs and limited disbursements; full indemnity for sought amount declined.
Legal Topics
Summary Judgment, Indemnity Costs, Scale Costs, Disbursements, Unreasonable Litigation Conduct
Civil Procedure Costs Professional Negligence Summary Judgment Indemnity Costs Scale Costs Disbursements Unreasonable Litigation Conduct

Case Brief

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Parties

Malcolm James Daisley

Plaintiff

Whangarei District Council

First Defendant

Wayne Wesley Peters

Second Defendant

Procedural Posture

Costs Determination Following Refusal of Leave for Summary Judgment / Costs Judgment / Post Application Assessment

Legal Issues

  1. 1 Whether indemnity costs under r14.6(4) High Court Rules 2016 are appropriate
  2. 2 Whether the plaintiff acted vexatiously/frivolously or unnecessarily in bringing the summary judgment application against the second defendant
  3. 3 Whether the claimed legal costs and disbursements were reasonably incurred for the summary judgment step

Ratio Decidendi

The summary judgment claim against the second defendant was hopeless and amounted to conduct within r14.6(4), but the second defendant's claimed costs were excessive for the summary judgment step; consequently the court awarded a reduced costs sum of $14,000 plus $95.65 disbursements to the second defendant and recognised the first defendant's agreed category 2B costs of $16,459.25 plus $1,072.25 disbursements.

Court Disposition

Costs awarded to first and second defendants; first defendant's costs agreed and sealed; second defendant awarded reduced costs and limited disbursements; full indemnity for sought amount declined.

Orders

  • First defendant Whangarei District Council entitled to costs on a category 2B basis $16,459.25 plus disbursements $1,072.25 (sealed order).
  • Second defendant Wayne Wesley Peters awarded costs of $14,000.00 and disbursements of $95.65.