MH SCOTT V SCOTT TRANSPORT LIMITED AND ANOR HC HAM CIV 2005-419-395

MH SCOTT V SCOTT TRANSPORT LIMITED AND ANOR HC HAM CIV 2005-419-395

The court allowed a limited costs award because s 7 prescribed allowances are guidance for resolved cases and cannot be applied in full where a trial will proceed; some preparatory work was inevitably wasted so a partial allowance was awarded, and the plaintiff was only liable for the notional witness...

Source-derived case information.

Citation
openlaw-cc1f50a2_f304_4abc_8185_ef0a7f940069.pdf
Parties
Plaintiff: Milton Hunter Scott; First Defendant: Scott Transport Limited; Second Defendant: William Robert Winchester
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 November 2008
Procedural Posture
Oppression Proceeding Under S 174 Companies Act 1993 / Costs Judgment Following Adjournment (pre Trial)
Outcome
Order for costs in favour of the defendants against the plaintiff
Legal Topics
Oppression, Adjournment, Costs Assessment, Witness Travel Expenses
Companies Law Civil Procedure Costs Law Oppression Adjournment Costs Assessment Witness Travel Expenses

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Parties

Milton Hunter Scott

Plaintiff

Scott Transport Limited

First Defendant

William Robert Winchester

Second Defendant

Procedural Posture

Oppression Proceeding Under S 174 Companies Act 1993 / Costs Judgment Following Adjournment (pre Trial)

Legal Issues

  1. 1 Whether defendants entitled to full preparation costs under ss 7.3 and 7.4 of the Third Schedule following an adjournment
  2. 2 Whether s 7 of the Third Schedule applies where a trial will proceed and interaction with s 8
  3. 3 Whether plaintiff liable for full witness airfare where witness chose to proceed with travel after adjournment

Ratio Decidendi

The court allowed a limited costs award because s 7 prescribed allowances are guidance for resolved cases and cannot be applied in full where a trial will proceed; some preparatory work was inevitably wasted so a partial allowance was awarded, and the plaintiff was only liable for the notional witness cancellation/transfer cost (CAN$400) not the full airfare paid by the defendants.

Court Disposition

Order for costs in favour of the defendants against the plaintiff

Orders

  • Counsel's appearance at mentions hearing (0.2 days): $320
  • Allowance towards preparation costs: $2,400