PRASAD V INDIANA PUBLICATIONS (NZ) LTD AND ORS HC AK CIV-2009-404-0856

PRASAD V INDIANA PUBLICATIONS (NZ) LTD AND ORS HC AK CIV-2009-404-0856

The court exercised its discretion to award costs to the defendants on a 2B basis with disbursements fixed by the Registrar, awarding costs for the case management conference, summary judgment, and applications incidental to the failed appeal, and for the conference dealing with refund of security for costs, because...

Source-derived case information.

Citation
openlaw-ec2efc93_a2db_4ebf_b107_dcc0b9314e97.pdf
Parties
Plaintiff: Rajendra Prasad; First Defendant: Indiana Publications (NZ) Ltd; Second Defendant: Arin Lal; Third Defendant: Venkat Ram; Fourth Defendant: Mahesh Parera; Fifth Defendant: Chenchu Nagulu
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2010
Procedural Posture
High Court Civil Costs / Costs Fixing After Judgment
Outcome
Costs awarded to the defendants on a 2B basis; disbursements allowed as fixed by the Registrar.
Legal Topics
Costs Orders, Summary Judgment, Stay of Proceedings, Security for Costs, Costs on Appeal
Civil Procedure Costs Costs Orders Summary Judgment Stay of Proceedings Security for Costs Costs on Appeal

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Parties

Rajendra Prasad

Plaintiff

Indiana Publications (NZ) Ltd

First Defendant

Arin Lal

Second Defendant

Venkat Ram

Third Defendant

Mahesh Parera

Fourth Defendant

Chenchu Nagulu

Fifth Defendant

Procedural Posture

High Court Civil Costs / Costs Fixing After Judgment

Legal Issues

  1. 1 Whether defendants were entitled to costs
  2. 2 Appropriate scale of costs (2B)
  3. 3 Whether costs of applications incidental to failed appeal should follow the event

Ratio Decidendi

The court exercised its discretion to award costs to the defendants on a 2B basis with disbursements fixed by the Registrar, awarding costs for the case management conference, summary judgment, and applications incidental to the failed appeal, and for the conference dealing with refund of security for costs, because the defendants were overall the successful party and the plaintiff's appeal failed so costs of incidental applications should follow that event.

Court Disposition

Costs awarded to the defendants on a 2B basis; disbursements allowed as fixed by the Registrar.

Orders

  • Defendants awarded costs on a 2B basis
  • Disbursements to defendants allowed as fixed by the Registrar