MA v TAY & ORS [2013] NZHC 2278

MA v TAY & ORS [2013] NZHC 2278

The Court awarded costs to Ms Ma totalling $16,318.00, refused orders for indemnity or increased costs, fixed time band A for Mr Tay's security for costs application (limited time incurred) and time band B for Ms Ma's strike out application with an allowance for affidavit preparation by analogy to Schedule 3 allocations.

Citation
[2013] NZHC 2278
Parties
Plaintiff/defendant: Tian Min (Maggie) Ma; Plaintiff/defendant: Tony Meng Hiang Tay & Ors
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 September 2013
Procedural Posture
Civil (security for Costs and Strike Out Applications) / Costs Determination Following Interlocutory Rulings
Outcome
Security for costs application refused; statement of claim struck out (previous ruling); costs awarded to Ms Ma in the sum of $16,318.00; indemnity/increased costs refused.
Legal Topics
Security for Costs, Strike Out, Costs Assessment, Time Banding, Summary Judgment
Civil Procedure Costs Security for Costs Strike Out Costs Assessment Time Banding Summary Judgment

Case Brief

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Parties

Tian Min (Maggie) Ma

Plaintiff/defendant

Tony Meng Hiang Tay & Ors

Plaintiff/defendant

Procedural Posture

Civil (security for Costs and Strike Out Applications) / Costs Determination Following Interlocutory Rulings

Legal Issues

  1. 1 Whether security for costs should be ordered against Ms Ma
  2. 2 Whether the statement of claim should be struck out as improperly commenced or duplicative
  3. 3 Appropriate costs scale and time banding for the interlocutory applications

Ratio Decidendi

The Court awarded costs to Ms Ma totalling $16,318.00, refused orders for indemnity or increased costs, fixed time band A for Mr Tay's security for costs application (limited time incurred) and time band B for Ms Ma's strike out application with an allowance for affidavit preparation by analogy to Schedule 3 allocations.

Court Disposition

Security for costs application refused; statement of claim struck out (previous ruling); costs awarded to Ms Ma in the sum of $16,318.00; indemnity/increased costs refused.

Orders

  • Security for costs application by Mr Tay refused
  • Statement of claim struck out (as previously ordered)