SMITH ELEMENTS & CONTROLS LTD v EPI GROUP LTD [2018] NZHC 803

SMITH ELEMENTS & CONTROLS LTD v EPI GROUP LTD [2018] NZHC 803

Smith sought further/enhanced interim orders and was unsuccessful; EPI, as the successful party in opposing that interlocutory application, was entitled to costs under r14.2(1)(a); costs are fixed on a 2B basis and awarded to EPI in the sum of $6,911.50.

Citation
[2018] NZHC 803
Parties
Plaintiff: Smith Elements & Controls Limited; First Defendant: EPI Group Limited; Second Defendant: Introl Products Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 April 2018
Procedural Posture
Civil Interlocutory / Costs Determination Following Interlocutory Application
Outcome
Costs awarded to First Defendant EPI Group Limited against Plaintiff Smith Elements & Controls Limited
Legal Topics
Interim Orders, Interim Measures, Jurisdiction, Costs Assessment, High Court Rules R14
Civil Procedure Arbitration Costs Interim Orders Interim Measures Jurisdiction Costs Assessment High Court Rules R14

Case Brief

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Parties

Smith Elements & Controls Limited

Plaintiff

EPI Group Limited

First Defendant

Introl Products Limited

Second Defendant

Procedural Posture

Civil Interlocutory / Costs Determination Following Interlocutory Application

Legal Issues

  1. 1 Whether costs should lie where they fall or be awarded to EPI
  2. 2 Whether EPI was entitled to costs under High Court Rules r14.2(1)(a) and r14.8(1)
  3. 3 Appropriate scale of costs (2B)

Ratio Decidendi

Smith sought further/enhanced interim orders and was unsuccessful; EPI, as the successful party in opposing that interlocutory application, was entitled to costs under r14.2(1)(a); costs are fixed on a 2B basis and awarded to EPI in the sum of $6,911.50.

Court Disposition

Costs awarded to First Defendant EPI Group Limited against Plaintiff Smith Elements & Controls Limited

Orders

  • Smith Elements & Controls Limited to pay EPI Group Limited costs and disbursements totalling $6,911.50
  • Costs fixed on a 2B basis