STEVEN DAVID PAUL AND SUSAN BELICH AND ANOR V IAN JOHN RAKLANDER AND LISA NARELLE RAKLANDER AND ANOR HC AK CIV2006-404-3811

STEVEN DAVID PAUL AND SUSAN BELICH AND ANOR V IAN JOHN RAKLANDER AND LISA NARELLE RAKLANDER AND ANOR HC AK CIV2006-404-3811

Plaintiffs were justified in bringing and discontinuing the claim for specific performance because defendants had no substantiated grounds to delay transfer and ultimately effected the transfer; accordingly plaintiffs are entitled to costs for the main proceeding and summary judgment on a High Court category 2B basis, but costs relating substantially or exclusively to the injunction application are to lie where they fall.

Citation
openlaw-7c5dbe1e_01bf_4bb5_b47d_2f63610b3adf.pdf
Parties
First Plaintiff: Steven David Paul; First Plaintiff: Susan Belich; Second Plaintiff: 3PK Limited; First Defendant: Ian John Raklander; First Defendant: Lisa Narelle Raklander; Second First Defendant: Provident Trustee Services Limited as trustees of the Rusty Pelican Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 June 2008
Procedural Posture
Civil Contractual/shareholders Dispute Seeking Specific Performance and Injunction / Costs Application Following Discontinuance and Strike Out by Consent; Costs Reserved
Outcome
Order for costs in favour of the plaintiffs on a High Court category 2B basis for the proceedings and summary judgment steps; injunction‑related costs to lie where they fall.
Legal Topics
Specific Performance, Interim Injunction, Costs on Discontinuance, Summary Judgment, Share Transfer, Shareholders Agreement
Contract Equity Civil Procedure Company Law Injunctions Specific Performance Interim Injunction Costs on Discontinuance +3 more

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Parties

Steven David Paul

First Plaintiff

Susan Belich

First Plaintiff

3PK Limited

Second Plaintiff

Ian John Raklander

First Defendant

Lisa Narelle Raklander

First Defendant

Provident Trustee Services Limited as trustees of the Rusty Pelican Trust

Second First Defendant

Procedural Posture

Civil Contractual/shareholders Dispute Seeking Specific Performance and Injunction / Costs Application Following Discontinuance and Strike Out by Consent; Costs Reserved

Legal Issues

  1. 1 Whether plaintiffs who discontinued proceedings must pay costs to defendants under r 476C or whether that presumption is displaced
  2. 2 Whether costs should be awarded to plaintiffs and, if so, the quantum and scale (High Court 2B vs District Court)
  3. 3 Whether costs relating to the injunction component should be awarded or should lie where they fall

Ratio Decidendi

Plaintiffs were justified in bringing and discontinuing the claim for specific performance because defendants had no substantiated grounds to delay transfer and ultimately effected the transfer; accordingly plaintiffs are entitled to costs for the main proceeding and summary judgment on a High Court category 2B basis, but costs relating substantially or exclusively to the injunction application are to lie where they fall.

Court Disposition

Order for costs in favour of the plaintiffs on a High Court category 2B basis for the proceedings and summary judgment steps; injunction‑related costs to lie where they fall.

Orders

  • Commencement of proceedings (3 days) $4,800.00
  • Preparing and filing summary judgment application (0.6 days) $960.00