TUBBS V RUBY 2005 LIMITED HC TIM CIV-2009-476-000615

TUBBS V RUBY 2005 LIMITED HC TIM CIV-2009-476-000615

Because the Court of Appeal decision favoured the plaintiffs on the interlocutory point and costs ordinarily follow the event, the plaintiffs are awarded interlocutory costs of $4,924, while the defendant is entitled to substantive costs on a 2B scale plus disbursements and a Calderbank uplift, resulting in a net...

Source-derived case information.

Citation
openlaw-a4edb78e_0394_43c5_9179_fbe95e0d1722.pdf
Parties
First Plaintiff: Stephen John Tubbs; Colin Anthony Lathan Gower (as receivers of Waimate Timber Processing Limited); Second Plaintiff: ANZ National Bank Limited; Defendant: Ruby 2005 Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 November 2011
Procedural Posture
Civil Receivership/property/constructive Trust Dispute / Costs Judgment (post Trial)
Outcome
Plaintiffs ordered to pay costs and disbursements to the defendant in the net sum of $14,842.
Legal Topics
Interlocutory Injunction, Constructive Trust, Security Interest, Calderbank Offer, Costs Assessment, Discovery
Civil Procedure Costs Property Law Trusts Insolvency/receivership Appeal Interlocutory Injunction Constructive Trust +4 more

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Parties

Stephen John Tubbs; Colin Anthony Lathan Gower (as receivers of Waimate Timber Processing Limited)

First Plaintiff

ANZ National Bank Limited

Second Plaintiff

Ruby 2005 Limited

Defendant

Procedural Posture

Civil Receivership/property/constructive Trust Dispute / Costs Judgment (post Trial)

Legal Issues

  1. 1 Whether costs should be awarded for the interlocutory hearing before French J and if so to whom
  2. 2 Whether the defendant is entitled to costs for the substantive hearing and the correct quantum
  3. 3 Whether a Calderbank offer justifies an uplift in costs

Ratio Decidendi

Because the Court of Appeal decision favoured the plaintiffs on the interlocutory point and costs ordinarily follow the event, the plaintiffs are awarded interlocutory costs of $4,924, while the defendant is entitled to substantive costs on a 2B scale plus disbursements and a Calderbank uplift, resulting in a net payment by the plaintiffs to the defendant of $14,842.

Court Disposition

Plaintiffs ordered to pay costs and disbursements to the defendant in the net sum of $14,842.

Orders

  • Plaintiffs to pay defendant costs and disbursements totalling NZD 19,766 for the substantive hearing (costs NZD 19,552 and disbursements NZD 214) including a Calderbank uplift.
  • Plaintiffs to receive interlocutory costs of NZD 4,924 for the hearing before French J.