SHIELDS v HAYWARD [2017] NZHC 1216

SHIELDS v HAYWARD [2017] NZHC 1216

The plaintiff's substantive claims were dismissed; indemnity costs for the first defendant were refused because statutory criteria were not met; first defendant awarded Category 2B costs for steps taken while represented by Price Berridge and Registrar‑fixed disbursements; second defendant was entitled to Category 2B costs increased by one third for steps from 31 August 2014 plus Registrar‑fixed disbursements; certification for second counsel was refused because issues were clear and straightforward.

Citation
[2017] NZHC 1216
Parties
Plaintiff: Ruve Adele Shields; First Defendant: Carla Hayward; Second Defendant: Corban Revell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 June 2017
Procedural Posture
Civil Property Dispute (undue Influence, Unconscionable Conduct, Professional Negligence) / Costs Determination Following Final Judgment After Trial
Outcome
Substantive proceedings dismissed earlier. On costs: indemnity costs to first defendant denied; first defendant awarded Category 2B costs for steps up to cessation of Price Berridge retainer and Registrar‑fixed disbursements; second defendant awarded Category 2B costs increased by one‑third from 31 August 2014 and...
Legal Topics
Undue Influence, Unconscionable Conduct, Duty of Care, Indemnity Costs, Increased Costs, Settlement Offers, Second Counsel Certification
Equity Professional Negligence Civil Procedure Costs Property Law Undue Influence Unconscionable Conduct Duty of Care Indemnity Costs +3 more

Case Brief

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Parties

Ruve Adele Shields

Plaintiff

Carla Hayward

First Defendant

Corban Revell

Second Defendant

Procedural Posture

Civil Property Dispute (undue Influence, Unconscionable Conduct, Professional Negligence) / Costs Determination Following Final Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff proved undue influence
  2. 2 Whether the plaintiff proved unconscionable conduct
  3. 3 Whether the law firm Corban Revell breached a duty of care

Ratio Decidendi

The plaintiff's substantive claims were dismissed; indemnity costs for the first defendant were refused because statutory criteria were not met; first defendant awarded Category 2B costs for steps taken while represented by Price Berridge and Registrar‑fixed disbursements; second defendant was entitled to Category 2B costs increased by one third for steps from 31 August 2014 plus Registrar‑fixed disbursements; certification for second counsel was refused because issues were clear and straightforward.

Court Disposition

Substantive proceedings dismissed earlier. On costs: indemnity costs to first defendant denied; first defendant awarded Category 2B costs for steps up to cessation of Price Berridge retainer and Registrar‑fixed disbursements; second defendant awarded Category 2B costs increased by one‑third from 31 August 2014 and...

Orders

  • Indemnity costs for first defendant refused
  • First defendant (Carla Hayward) awarded Category 2B costs for all steps taken in the proceeding while represented by Price Berridge; entitled to disbursements as fixed by the Registrar