BLACK & Ors V GILTECH PRECISION CASTINGS (2004) LIMITED & Anor HC DUN CIV-2010-412-000105

BLACK & Ors V GILTECH PRECISION CASTINGS (2004) LIMITED & Anor HC DUN CIV-2010-412-000105

Indemnity costs were refused because adverse credibility did not amount to exceptional misconduct; however defendants were entitled to a 50% uplift on scale 2B costs from commencement because plaintiffs unreasonably rejected settlement offers (including a Calderbank offer) in 2010; interlocutory costs awards were not revisited; third plaintiff (corporate trustee) held liable for costs up to its discontinuance; disbursements of $43,516.75 approved; certification for second counsel granted.

Citation
openlaw-9084adb1_c785_4a9c_8c18_4715926ecf81.pdf
Parties
First Plaintiff: PAUL BLACK; Second Plaintiffs: PAUL BLACK AND GLENDA BLACK; Third Plaintiff: WMC TRUSTEE LIMITED; First Defendant: GILTECH PRECISION CASTINGS (2004) LIMITED; Second Defendant: P & W CONSOLIDATED LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 August 2012
Procedural Posture
Shareholders' Application Under S 174 Companies Act 1993 / Costs Determination After Judgment
Outcome
Defendants awarded costs on scale 2B with a 50% uplift from commencement; indemnity costs refused; plaintiffs jointly and severally liable; third plaintiff liable for costs up to date of discontinuance; disbursements of $43,516.75 approved; second counsel certified
Legal Topics
Shareholder Application Under S 174, Costs Assessment, Indemnity Costs, Calderbank/settlement Offers, Discontinuance, Trustee Liability
Company Law Civil Procedure Trusts Costs Shareholder Application Under S 174 Costs Assessment Indemnity Costs Calderbank/settlement Offers +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PAUL BLACK

First Plaintiff

PAUL BLACK AND GLENDA BLACK

Second Plaintiffs

WMC TRUSTEE LIMITED

Third Plaintiff

GILTECH PRECISION CASTINGS (2004) LIMITED

First Defendant

P & W CONSOLIDATED LIMITED

Second Defendant

Procedural Posture

Shareholders' Application Under S 174 Companies Act 1993 / Costs Determination After Judgment

Legal Issues

  1. 1 Whether defendants were entitled to indemnity costs
  2. 2 Whether plaintiffs' rejection of settlement offers justified increased costs uplift
  3. 3 Whether interlocutory costs awards should be revisited under r 14.8(2)

Ratio Decidendi

Indemnity costs were refused because adverse credibility did not amount to exceptional misconduct; however defendants were entitled to a 50% uplift on scale 2B costs from commencement because plaintiffs unreasonably rejected settlement offers (including a Calderbank offer) in 2010; interlocutory costs awards were not revisited; third plaintiff (corporate trustee) held liable for costs up to its discontinuance; disbursements of $43,516.75 approved; certification for second counsel granted.

Court Disposition

Defendants awarded costs on scale 2B with a 50% uplift from commencement; indemnity costs refused; plaintiffs jointly and severally liable; third plaintiff liable for costs up to date of discontinuance; disbursements of $43,516.75 approved; second counsel certified

Orders

  • Costs awarded to defendants on scale 2B with a 50% uplift from commencement of proceedings
  • Indemnity costs claim refused