McLAUGHLIN v McLAUGHLIN [2020] NZHC 144

McLAUGHLIN v McLAUGHLIN [2020] NZHC 144

Key interlocutory steps and preparation warranted assessment on a 2C basis; filing of the memorandum of counsel dated 4 October 2019 warranted 2B; no additional percentage uplift under r14.6(3) beyond 2C; second counsel not certified; trustees entitled to indemnity from the Trust for the balance of their costs up to $39,182 plus GST after deducting costs payable by the plaintiffs; costs of this costs application to lie where they fall.

Citation
[2020] NZHC 144
Parties
Plaintiff: Mark James McLaughlin; Plaintiff: Andrew Ashley McLaughlin; First Defendant: John David Manuel McLaughlin; First Defendant: Glasgow Harley Trustee Limited; First Defendant: Mark William Russell; Second Defendant: Brian James Maurice Nelson; Interested Party: Edna McLaughlin; Respondents: Respondents'/Plaintiffs' Children; Interested Party: Brett McLaughlin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 February 2020
Procedural Posture
Trust Dispute; Application for Interim Injunction / Costs Determination After Interim Injunction Hearing
Outcome
Plaintiffs to pay defendants costs on a 2C basis for all steps except filing the 4 October 2019 memorandum of counsel where 2B applies; defendants' disbursements as claimed; costs of this costs application to lie where they fall; trustees entitled to indemnity from the Trust for the balance of their costs up to...
Legal Topics
Interim Injunctions, Trustee Indemnity, Beddoe Applications, Privilege, High Court Scale Costs
Trusts Civil Procedure Costs Equity Interim Injunctions Trustee Indemnity Beddoe Applications Privilege +1 more

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Parties

Mark James McLaughlin

Plaintiff

Andrew Ashley McLaughlin

Plaintiff

John David Manuel McLaughlin

First Defendant

Glasgow Harley Trustee Limited

First Defendant

Mark William Russell

First Defendant

Brian James Maurice Nelson

Second Defendant

Edna McLaughlin

Interested Party

Respondents'/Plaintiffs' Children

Respondents

Brett McLaughlin

Interested Party

Procedural Posture

Trust Dispute; Application for Interim Injunction / Costs Determination After Interim Injunction Hearing

Legal Issues

  1. 1 Whether costs should be assessed on Band B or Band C under High Court Rules r14
  2. 2 Whether an uplift under r14.6(3) was justified
  3. 3 Whether second counsel should be certified

Ratio Decidendi

Key interlocutory steps and preparation warranted assessment on a 2C basis; filing of the memorandum of counsel dated 4 October 2019 warranted 2B; no additional percentage uplift under r14.6(3) beyond 2C; second counsel not certified; trustees entitled to indemnity from the Trust for the balance of their costs up to $39,182 plus GST after deducting costs payable by the plaintiffs; costs of this costs application to lie where they fall.

Court Disposition

Plaintiffs to pay defendants costs on a 2C basis for all steps except filing the 4 October 2019 memorandum of counsel where 2B applies; defendants' disbursements as claimed; costs of this costs application to lie where they fall; trustees entitled to indemnity from the Trust for the balance of their costs up to...

Orders

  • Plaintiffs to pay defendants costs calculated on a 2C basis for all steps except filing the memorandum of counsel dated 4 October 2019 where 2B costs apply
  • Plaintiffs to pay the disbursements set out in Table 1 to the defendants' costs memorandum