SMITH v BALL [2018] NZHC 1140

SMITH v BALL [2018] NZHC 1140

The court rebutted the presumption that the plaintiff must pay all costs on discontinuance and awarded the plaintiff costs and disbursements directly related to the summary judgment application because the plaintiff obtained the relief sought on that application, but reserved all other costs and disbursements pending determination of the substantive proceeding.

Citation
[2018] NZHC 1140
Parties
Plaintiff: Sahra Ling Smith; First Defendant: Roger Neville Ball; Second Defendant: Crystal Mint Development Limited; Third Defendant: Crystal Mint Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 May 2018
Procedural Posture
Civil Estate Administration / Property Dispute / Costs Determination Following Withdrawal of Summary Judgment Application
Outcome
Costs of the summary judgment application awarded to the plaintiff against the first defendant; all other costs and disbursements reserved.
Legal Topics
Summary Judgment, Discontinuance, Costs, Transfer of Shares, Disclosure
Civil Procedure Estate Administration Property Law Civil Costs Summary Judgment Discontinuance Costs Transfer of Shares +1 more

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Parties

Sahra Ling Smith

Plaintiff

Roger Neville Ball

First Defendant

Crystal Mint Development Limited

Second Defendant

Crystal Mint Limited

Third Defendant

Procedural Posture

Civil Estate Administration / Property Dispute / Costs Determination Following Withdrawal of Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff must pay costs upon discontinuance under High Court Rules r 15.23
  2. 2 Whether the costs of the summary judgment application should be awarded to the plaintiff
  3. 3 Whether remaining costs should be reserved pending determination of the substantive proceeding

Ratio Decidendi

The court rebutted the presumption that the plaintiff must pay all costs on discontinuance and awarded the plaintiff costs and disbursements directly related to the summary judgment application because the plaintiff obtained the relief sought on that application, but reserved all other costs and disbursements pending determination of the substantive proceeding.

Court Disposition

Costs of the summary judgment application awarded to the plaintiff against the first defendant; all other costs and disbursements reserved.

Orders

  • Award costs on a schedule 2B basis and disbursements relating to the summary judgment application to the plaintiff against the first defendant (costs for filing the application, appearances at mentions, and sealing the order).
  • All other claims for costs and disbursements are reserved.