SADIQ V BAYCORP (NZ) LIMITED AND ANOR HC AK CIV 2007-404-6421

SADIQ V BAYCORP (NZ) LIMITED AND ANOR HC AK CIV 2007-404-6421

It was reasonable for the First Defendant to bring the summary judgment application and it clarified the issues; therefore there was no reason to depart from the usual practice of reserving costs until the proceeding is completed and the Plaintiff's application for those costs was refused.

Citation
openlaw-79f87fa7_9e1d_4911_8a32_5a04d32ce0ba.pdf
Parties
Plaintiff: Mohammed Sadiq; First Defendant: Baycorp (NZ) Limited; Second Defendant: John Ewart Harris
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2008
Procedural Posture
Proceeding Under the Defamation Act 1992 / Costs Application Following Dismissal of Summary Judgment
Outcome
Plaintiff's application for payment of costs in respect of the dismissed summary judgment application dismissed; costs reserved until completion of the proceeding.
Legal Topics
Summary Judgment, Costs Allocation, Interlocutory Applications
Defamation Civil Procedure Costs Summary Judgment Costs Allocation Interlocutory Applications

Case Brief

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Parties

Mohammed Sadiq

Plaintiff

Baycorp (NZ) Limited

First Defendant

John Ewart Harris

Second Defendant

Procedural Posture

Proceeding Under the Defamation Act 1992 / Costs Application Following Dismissal of Summary Judgment

Legal Issues

  1. 1 Whether costs of and incidental to the dismissed summary judgment application should be fixed against the First Defendant
  2. 2 Whether circumstances warranted departing from the usual practice of reserving costs until completion of the proceeding

Ratio Decidendi

It was reasonable for the First Defendant to bring the summary judgment application and it clarified the issues; therefore there was no reason to depart from the usual practice of reserving costs until the proceeding is completed and the Plaintiff's application for those costs was refused.

Court Disposition

Plaintiff's application for payment of costs in respect of the dismissed summary judgment application dismissed; costs reserved until completion of the proceeding.

Orders

  • The question of costs is reserved until the proceeding is completed.