WALKER v HENDERSON [2017] NZHC 1452

WALKER v HENDERSON [2017] NZHC 1452

The fourth defendant was the successful party and entitled to costs; because his claimed quantum was unrealistic and the application was relatively straightforward the appropriate award was Category 2B for three quarters of a day, together with disbursements as fixed by the Registrar; plaintiffs had provided no offer of security despite opposing the application.

Citation
[2017] NZHC 1452
Parties
First Plaintiff: ROBERT BRUCE WALKER; First Plaintiff: JOHN MARSHALL SCUTTER; Second Plaintiff: PROPERTY VENTURES LIMITED (IN LIQUIDATION); Third Plaintiff: FIVE MILE HOLDINGS LIMITED (in receivership and in liquidation); Fourth Plaintiff: CASHEL VENTURES LIMITED (in liquidation); Fifth Plaintiff: TAY VENTURES LIMITED (in receivership and in liquidation); Sixth Plaintiff: LIVINGSPACE PROPERTIES LIMITED (in receivership and in liquidation); Seventh Plaintiff: BEECHNEST VENTURES LIMITED (in liquidation); Eighth Plaintiff: TUAM VENTURES LIMITED (in receivership and in liquidation); Ninth Plaintiff: CASTLE STREET VENTURES LIMITED (in receivership and in liquidation); Tenth Plaintiff: LICHFIELD VENTURES LIMITED (in receivership and in liquidation); Eleventh Plaintiff: 92 LICHFIELD LIMITED (in receivership and in liquidation); Twelfth Plaintiff: ST ASAPH VENTURES LIMITED (in liquidation); Thirteenth Plaintiff: MONTECRISTO CONSTRUCTION COMPANY LIMITED (in liquidation); Fourth Defendant: DAVID JOHN HENDERSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 June 2017
Procedural Posture
Civil Security for Costs Application / Costs Determination Following Security for Costs Application
Outcome
Costs awarded to fourth defendant on a Category 2B basis for three quarters of a day; disbursements to be paid to fourth defendant as fixed by the Registrar; plaintiffs to provide security for costs in the sum of $150,000 in respect of their claim against the fourth defendant.
Legal Topics
Security for Costs, Costs Assessment, Disbursements, Costs Categories (2 B Vs 3)
Civil Procedure Costs Insolvency Security for Costs Costs Assessment Disbursements Costs Categories (2 B Vs 3)

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Parties

ROBERT BRUCE WALKER

First Plaintiff

JOHN MARSHALL SCUTTER

First Plaintiff

PROPERTY VENTURES LIMITED (IN LIQUIDATION)

Second Plaintiff

FIVE MILE HOLDINGS LIMITED (in receivership and in liquidation)

Third Plaintiff

CASHEL VENTURES LIMITED (in liquidation)

Fourth Plaintiff

TAY VENTURES LIMITED (in receivership and in liquidation)

Fifth Plaintiff

LIVINGSPACE PROPERTIES LIMITED (in receivership and in liquidation)

Sixth Plaintiff

BEECHNEST VENTURES LIMITED (in liquidation)

Seventh Plaintiff

TUAM VENTURES LIMITED (in receivership and in liquidation)

Eighth Plaintiff

CASTLE STREET VENTURES LIMITED (in receivership and in liquidation)

Ninth Plaintiff

LICHFIELD VENTURES LIMITED (in receivership and in liquidation)

Tenth Plaintiff

92 LICHFIELD LIMITED (in receivership and in liquidation)

Eleventh Plaintiff

ST ASAPH VENTURES LIMITED (in liquidation)

Twelfth Plaintiff

MONTECRISTO CONSTRUCTION COMPANY LIMITED (in liquidation)

Thirteenth Plaintiff

DAVID JOHN HENDERSON

Fourth Defendant

Procedural Posture

Civil Security for Costs Application / Costs Determination Following Security for Costs Application

Legal Issues

  1. 1 Whether plaintiffs should be ordered to provide security for costs in respect of the fourth defendant
  2. 2 Appropriate costs award to the fourth defendant following his successful application for security for costs
  3. 3 Whether Category 3 costs are appropriate or Category 2B with a specified proportion of a day

Ratio Decidendi

The fourth defendant was the successful party and entitled to costs; because his claimed quantum was unrealistic and the application was relatively straightforward the appropriate award was Category 2B for three quarters of a day, together with disbursements as fixed by the Registrar; plaintiffs had provided no offer of security despite opposing the application.

Court Disposition

Costs awarded to fourth defendant on a Category 2B basis for three quarters of a day; disbursements to be paid to fourth defendant as fixed by the Registrar; plaintiffs to provide security for costs in the sum of $150,000 in respect of their claim against the fourth defendant.

Orders

  • Fourth defendant awarded costs on a Category 2B basis for three quarters of a day.
  • Fourth defendant entitled to disbursements as fixed by the Registrar.