SHARROCK v WEDD [2016] NZHC 3121

SHARROCK v WEDD [2016] NZHC 3121

Plaintiffs entitled to costs on Category 2 Band B scale; increased costs of 20% (but not indemnity) awarded because defendant delayed service, filed an unauthorized notice of discontinuance, pursued meritless arguments and misused recall procedure; costs for recall opposition also awarded; disbursements fixed by Registrar.

Citation
SHARROCK v WEDD [2016] NZHC 3121
Parties
First Plaintiff: Gerald Errington Sharrock; Second Plaintiff: Just Steel Framing Limited; Defendant: Stephen Charles Wedd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2016
Procedural Posture
Civil Summary Judgment / Costs Determination (on the Papers)
Outcome
Costs awarded to plaintiffs on Category 2 Band B scale, increased by 20% above scale, plus disbursements; no indemnity costs; costs for recall opposition awarded on same basis; costs not reserved.
Legal Topics
Summary Judgment, Director and Shareholder Status, Notice of Discontinuance, Recall of Judgment, Increased Costs
Company Law Civil Procedure Costs Law Summary Judgment Director and Shareholder Status Notice of Discontinuance Recall of Judgment Increased Costs

Case Brief

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Parties

Gerald Errington Sharrock

First Plaintiff

Just Steel Framing Limited

Second Plaintiff

Stephen Charles Wedd

Defendant

Procedural Posture

Civil Summary Judgment / Costs Determination (on the Papers)

Legal Issues

  1. 1 Are the plaintiffs entitled to costs following summary judgment?
  2. 2 Should increased costs be awarded under High Court Rules r 14.6?
  3. 3 Is indemnity costs warranted?

Ratio Decidendi

Plaintiffs entitled to costs on Category 2 Band B scale; increased costs of 20% (but not indemnity) awarded because defendant delayed service, filed an unauthorized notice of discontinuance, pursued meritless arguments and misused recall procedure; costs for recall opposition also awarded; disbursements fixed by Registrar.

Court Disposition

Costs awarded to plaintiffs on Category 2 Band B scale, increased by 20% above scale, plus disbursements; no indemnity costs; costs for recall opposition awarded on same basis; costs not reserved.

Orders

  • Plaintiffs awarded costs on a 2B basis increased by 20% for the summary judgment application.
  • Plaintiffs awarded costs on a 2B basis increased by 20% for the memorandum opposing the recall application.