SHARROCK v WEDD [2016] NZHC 3121

SHARROCK v WEDD [2016] NZHC 3121

Plaintiffs entitled to costs as successful parties on the summary judgment; defendant's procedural defaults (late service), unauthorised filing of a notice of discontinuance and pursuit of a meritless recall justified an increase above scale but did not reach the high threshold for indemnity costs; award made on 2B scale increased by 20% plus disbursements fixed by the Registrar, including costs for the opposition memorandum to the recall application.

Citation
[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 Following Summary Judgment and Recall Application
Outcome
Costs awarded to plaintiffs on a 2B basis increased by 20% plus disbursements; plaintiffs awarded costs for the memorandum opposing recall on same basis; indemnity costs declined
Legal Topics
Summary Judgment, Recall, Costs Orders, Directorship, Shareholding, Notice of Discontinuance
Civil Procedure Company Law Costs Summary Judgment Recall Costs Orders Directorship Shareholding +1 more

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 Following Summary Judgment and Recall Application

Legal Issues

  1. 1 entitlement to costs after summary judgment
  2. 2 whether increased costs (above scale) are warranted
  3. 3 whether indemnity costs threshold met

Ratio Decidendi

Plaintiffs entitled to costs as successful parties on the summary judgment; defendant's procedural defaults (late service), unauthorised filing of a notice of discontinuance and pursuit of a meritless recall justified an increase above scale but did not reach the high threshold for indemnity costs; award made on 2B scale increased by 20% plus disbursements fixed by the Registrar, including costs for the opposition memorandum to the recall application.

Court Disposition

Costs awarded to plaintiffs on a 2B basis increased by 20% plus disbursements; plaintiffs awarded costs for the memorandum opposing recall on same basis; indemnity costs declined

Orders

  • Costs to plaintiffs on a 2B basis increased by 20% plus disbursements to be fixed by the Registrar
  • Costs for the plaintiffs' memorandum in opposition to the recall application awarded on the same basis