N-TECH LIMITED V ABOOTH LIMITED HC AK CIV-2006-404-003362

N-TECH LIMITED V ABOOTH LIMITED HC AK CIV-2006-404-003362

Costs awarded to the Investor Group defendants: costs for the review limited to the commencement only (no costs for preparation or hearing); full scale costs awarded for the application for further security, but the requested increase under High Court Rule 14.6(3)(b)(v) was disallowed because a significant part of the hearing addressed an unsuccessful argument about potential third party liability.

Citation
openlaw-3ca7b1ec_f716_4813_a0da_21273a1b68b7.pdf
Parties
First Plaintiff: N-TECH LIMITED; Second Plaintiff: ST LUCIA INVESTMENTS LIMITED; First Defendant: ABOOTH LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 February 2011
Procedural Posture
Civil Review of Security for Costs / Costs Determination (judgment)
Outcome
Costs awarded to Investor Group defendants in the sum ordered below; increase under Rule 14.6(3)(b)(v) disallowed; review costs limited to commencement
Legal Topics
Security for Costs, Costs on Application, Recategorisation of Proceedings
Civil Procedure Costs Security for Costs Costs on Application Recategorisation of Proceedings

Case Brief

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Parties

N-TECH LIMITED

First Plaintiff

ST LUCIA INVESTMENTS LIMITED

Second Plaintiff

ABOOTH LIMITED

First Defendant

Procedural Posture

Civil Review of Security for Costs / Costs Determination (judgment)

Legal Issues

  1. 1 Whether costs should be awarded for the application to review Associate Judge Abbott's decision
  2. 2 Whether costs should be awarded for the application for further security
  3. 3 Whether the increase under High Court Rule 14.6(3)(b)(v) should be applied

Ratio Decidendi

Costs awarded to the Investor Group defendants: costs for the review limited to the commencement only (no costs for preparation or hearing); full scale costs awarded for the application for further security, but the requested increase under High Court Rule 14.6(3)(b)(v) was disallowed because a significant part of the hearing addressed an unsuccessful argument about potential third party liability.

Court Disposition

Costs awarded to Investor Group defendants in the sum ordered below; increase under Rule 14.6(3)(b)(v) disallowed; review costs limited to commencement

Orders

  • Investor Group defendants awarded costs $7,023 and disbursements $1,200 totalling $8,223 payable by the plaintiffs
  • Costs for the review are limited to the commencement of the review; no costs for preparation or hearing of the review