SUNSHINE COAST GRAMMAR SCHOOL V MEADS HC AK CIV-2011-404-6794

SUNSHINE COAST GRAMMAR SCHOOL V MEADS HC AK CIV-2011-404-6794

Because the judgment creditor chose the on-notice procedure without justification and the judgment debtor did not oppose or take steps, the additional costs (including substituted service) were unnecessary; the court therefore limited recoverable costs to a 2B allowance capped at the amount that would have been permitted had the application been filed without notice and ordered the creditor to calculate and lodge costs for Registrar approval.

Citation
openlaw-10820b8c_e4f9_4127_8605_49aed38bebd6.pdf
Parties
Judgment Creditor: Sunshine Coast Grammar School; Judgment Debtor: Cody Meads
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 December 2012
Procedural Posture
Registration of Foreign Judgment (reciprocal Enforcements of Judgments Act 1934) / Costs Application (post Registration)
Outcome
Costs application allowed in part; costs awarded on a 2B basis but capped at the amount that would have been recoverable if the application had been made without notice; judgment creditor to compute and submit the amount to the Registrar for approval.
Legal Topics
Registration of Foreign Judgment, Substituted Service, Costs Assessment, High Court Rules
Enforcement of Foreign Judgments Civil Procedure Costs Registration of Foreign Judgment Substituted Service Costs Assessment High Court Rules

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Parties

Sunshine Coast Grammar School

Judgment Creditor

Cody Meads

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment (reciprocal Enforcements of Judgments Act 1934) / Costs Application (post Registration)

Legal Issues

  1. 1 Whether the costs claimed were excessive in the circumstances
  2. 2 Whether proceeding on notice was justified and whether substituted service costs were recoverable
  3. 3 Proper basis for assessment of costs (category 2B versus without-notice scale)

Ratio Decidendi

Because the judgment creditor chose the on-notice procedure without justification and the judgment debtor did not oppose or take steps, the additional costs (including substituted service) were unnecessary; the court therefore limited recoverable costs to a 2B allowance capped at the amount that would have been permitted had the application been filed without notice and ordered the creditor to calculate and lodge costs for Registrar approval.

Court Disposition

Costs application allowed in part; costs awarded on a 2B basis but capped at the amount that would have been recoverable if the application had been made without notice; judgment creditor to compute and submit the amount to the Registrar for approval.

Orders

  • Costs allowed on a 2B basis to a maximum equal to the sum that would have been permitted if the application had been on a without-notice basis
  • Judgment creditor to calculate those costs and submit them to the Registrar for approval