MCCRACKEN V MASSEY UNIVERSITY HC PMN CIV-2006-454-878

MCCRACKEN V MASSEY UNIVERSITY HC PMN CIV-2006-454-878

The application was misconceived and contributed unnecessarily to the respondent's costs but did not meet the threshold for indemnity costs; accordingly increased costs were appropriate under r48C(3)(b) and awarded on a category 2B basis with a 50% uplift, plus disbursements as approved by the Registrar.

Citation
openlaw-4a5163a3_d10c_4c2b_89f4_8a20f7b70baa.pdf
Parties
Intended Plaintiff: Leanne Rachel McCracken; First Intended Defendant: Massey University
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 February 2007
Procedural Posture
Application for Pre Commencement Discovery and Interlocutory Costs / Costs Determination Following Withdrawal of Application
Outcome
Intended Plaintiff ordered to pay increased costs to Intended Defendant calculated on category 2B plus a 50% uplift, together with disbursements as approved by the Registrar; leave reserved for final quantum determination.
Legal Topics
Pre Commencement Discovery, Interlocutory Costs, Indemnity Costs, Withdrawal/discontinuance, High Court Rules R48 C
Civil Procedure Costs Law Administrative Law Education Law Pre Commencement Discovery Interlocutory Costs Indemnity Costs Withdrawal/discontinuance +1 more

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Parties

Leanne Rachel McCracken

Intended Plaintiff

Massey University

First Intended Defendant

Procedural Posture

Application for Pre Commencement Discovery and Interlocutory Costs / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether increased or indemnity costs were appropriate under High Court Rules r48C
  2. 2 Whether withdrawal of the application was akin to discontinuance and costs payable under r476C
  3. 3 Whether the applicant's conduct amounted to taking an unnecessary step or acting improperly or vexatiously

Ratio Decidendi

The application was misconceived and contributed unnecessarily to the respondent's costs but did not meet the threshold for indemnity costs; accordingly increased costs were appropriate under r48C(3)(b) and awarded on a category 2B basis with a 50% uplift, plus disbursements as approved by the Registrar.

Court Disposition

Intended Plaintiff ordered to pay increased costs to Intended Defendant calculated on category 2B plus a 50% uplift, together with disbursements as approved by the Registrar; leave reserved for final quantum determination.

Orders

  • Intended Plaintiff to pay Intended Defendant costs of the withdrawn pre-commencement discovery application calculated on a category 2B basis plus an uplift of 50%
  • Disbursements (if any) to be approved by the Registrar