WOOLF v KAYE [2018] NZHC 3426

WOOLF v KAYE [2018] NZHC 3426

Award of costs on the stay application to the first plaintiff on a 2B scale in the sum of $5,575; duplicate claims for additional affidavit and reply under steps 22 and 24 disallowed as Schedule 3 does not permit recovery twice; uplift declined because rejection of the Calderbank offer was reasonable in light of available rental evidence; enforcement of the costs award stayed pending appeal.

Citation
[2018] NZHC 3426
Parties
First Plaintiff: Virginia Woolf; Second Plaintiff: Virginia Woolf as Executor of the Estate of Noel Bernard Woolf; First Defendant: Alwyn Bernard Kaye (previously known as Alwyn Bernard Woolf); Second Defendant: Mark William Sydney Clark as Executor of the Estate of Violet Isabel Woolf
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2018
Procedural Posture
Civil (high Court) / Costs on Stay Application; Appeal Pending
Outcome
Costs awarded to first plaintiff in the sum of $5,575; enforcement of that award stayed pending the applicant's appeal; no costs order on the costs application itself.
Legal Topics
Stay of Execution, Costs Assessment Under High Court Rules, Calderbank Offer, Interlocutory Applications
Civil Procedure Costs Property Law Appeal Stay of Execution Costs Assessment Under High Court Rules Calderbank Offer Interlocutory Applications

Case Brief

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Parties

Virginia Woolf

First Plaintiff

Virginia Woolf as Executor of the Estate of Noel Bernard Woolf

Second Plaintiff

Alwyn Bernard Kaye (previously known as Alwyn Bernard Woolf)

First Defendant

Mark William Sydney Clark as Executor of the Estate of Violet Isabel Woolf

Second Defendant

Procedural Posture

Civil (high Court) / Costs on Stay Application; Appeal Pending

Legal Issues

  1. 1 Whether the applicant was entitled to costs for a stay of execution application
  2. 2 Whether duplicate claims for additional affidavits and reply submissions could be recovered under Schedule 3 steps
  3. 3 Whether increased costs (uplift) were warranted for refusal of a Calderbank offer

Ratio Decidendi

Award of costs on the stay application to the first plaintiff on a 2B scale in the sum of $5,575; duplicate claims for additional affidavit and reply under steps 22 and 24 disallowed as Schedule 3 does not permit recovery twice; uplift declined because rejection of the Calderbank offer was reasonable in light of available rental evidence; enforcement of the costs award stayed pending appeal.

Court Disposition

Costs awarded to first plaintiff in the sum of $5,575; enforcement of that award stayed pending the applicant's appeal; no costs order on the costs application itself.

Orders

  • Award costs to the first plaintiff in the sum of $5,575 (2B scale)
  • Stay enforcement of this costs judgment pending the first plaintiff's appeal to the Court of Appeal