S A MORRISON and THE AUDAINE TRUST TRUSTEES LTD v AUTUMNAL INVESTMENTS LTD [2021] NZHC 117

S A MORRISON and THE AUDAINE TRUST TRUSTEES LTD v AUTUMNAL INVESTMENTS LTD [2021] NZHC 117

Costs awarded to the plaintiffs on a category 2 band B basis. Requests to recategorise parts of the work to category 3 were rejected. Specific time allocations were adjusted (total recoverable time 42.3 days at $2,390 per day = $101,097) then reduced by 10% under r 14.7(d) to reflect additional costs caused by pursuing an express trust cause of action that was abandoned, yielding recoverable costs $90,987.30; disbursements $6,971 and expert fees $17,868.13 were allowed, producing a total award of $115,826.43. Forensic inspection disbursement of $1,397.25 was allowable.

Citation
[2021] NZHC 117
Parties
Plaintiff: S A MORRISON; Plaintiff: THE AUDAINE TRUST TRUSTEES LIMITED; First Defendant: AUTUMNAL INVESTMENTS LIMITED; Second Defendants: M W and A T O'REILLY
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 February 2021
Procedural Posture
Civil Trust/property / Costs Assessment Post Judgment
Outcome
Costs and disbursements awarded to plaintiffs S A Morrison and The Audaine Trust Trustees Limited against Autumnal Investments Limited and M W and A T O'Reilly; total award $115,826.43.
Legal Topics
Constructive Trust, Institutional Constructive Trust, Express Trust, Costs Assessment, Discovery, Forensic Examination, Evidence
Trusts Property Equity Civil Procedure Costs Constructive Trust Institutional Constructive Trust Express Trust +4 more

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Parties

S A MORRISON

Plaintiff

THE AUDAINE TRUST TRUSTEES LIMITED

Plaintiff

AUTUMNAL INVESTMENTS LIMITED

First Defendant

M W and A T O'REILLY

Second Defendants

Procedural Posture

Civil Trust/property / Costs Assessment Post Judgment

Legal Issues

  1. 1 Whether the proceedings should be recategorised to category 3 for some steps
  2. 2 Appropriate time band (A/B/C) allocations for each procedural step
  3. 3 Whether a costs reduction is warranted for an abandoned express trust cause of action

Ratio Decidendi

Costs awarded to the plaintiffs on a category 2 band B basis. Requests to recategorise parts of the work to category 3 were rejected. Specific time allocations were adjusted (total recoverable time 42.3 days at $2,390 per day = $101,097) then reduced by 10% under r 14.7(d) to reflect additional costs caused by pursuing an express trust cause of action that was abandoned, yielding recoverable costs $90,987.30; disbursements $6,971 and expert fees $17,868.13 were allowed, producing a total award of $115,826.43. Forensic inspection disbursement of $1,397.25 was allowable.

Court Disposition

Costs and disbursements awarded to plaintiffs S A Morrison and The Audaine Trust Trustees Limited against Autumnal Investments Limited and M W and A T O'Reilly; total award $115,826.43.

Orders

  • Plaintiffs awarded costs $90,987.30 (category 2 band B, reduced 10%)
  • Disbursements allowed $6,971.00