MOTORWORLD LTD (IN LIQUIDATION) AND ORS V MCGREGOR AND ORS HC AK CIV-2007-404-6558

MOTORWORLD LTD (IN LIQUIDATION) AND ORS V MCGREGOR AND ORS HC AK CIV-2007-404-6558

Proceeding categorised as Category 2 because, despite multiple causes of action and parties, the issues are relatively straightforward; plaintiffs succeeded in opposing the strike-out application and costs should follow the event; due to the defendants' approach requiring extensive evidential opposition, costs for the strike-out application are to be assessed on Band C with certain evidence-preparation steps assessed at double; plaintiffs may recover 75% of their expert accounting costs ($22,274.49) from the second to fifth defendants as a disbursement; discovery-related costs are reserved for global determination.

Citation
openlaw-a8335bc6_2e5b_45a1_b2d9_0730f2a8d750.pdf
Parties
First Plaintiff: Motorworld Limited (In Liquidation); Second Plaintiff: Lloyd James Hayward; Second Plaintiff: Karen Betty Mason; Third Plaintiff: Nichibo Japan Trading Company Limited; First Defendant: Alastair Robert Hardy McGregor; Second Defendant: Eric Leslie Kenneth Millar; Third Defendant: Harley John Paterson; Fourth Defendant: Queen City Autos Limited; Fifth Defendant: Freedom Wholesale Vehicles Limited; Sixth Defendant: Turners Auctions Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 November 2008
Procedural Posture
Civil (strike Out Application and Discovery Applications) / Costs Determination Following Oral Judgment on Strike Out Application; Discovery Costs Reserved
Outcome
Strike-out application by second to fifth defendants dismissed; costs awarded to plaintiffs; discovery costs reserved for later global determination.
Legal Topics
Strike Out Application, Further and Better Discovery, Particularisation of Pleadings, Costs Categorisation, Expert Witness Disbursements, Allegations of Fraud
Civil Procedure Costs Discovery Insolvency/company Law Strike Out Application Further and Better Discovery Particularisation of Pleadings Costs Categorisation +2 more

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Parties

Motorworld Limited (In Liquidation)

First Plaintiff

Lloyd James Hayward

Second Plaintiff

Karen Betty Mason

Second Plaintiff

Nichibo Japan Trading Company Limited

Third Plaintiff

Alastair Robert Hardy McGregor

First Defendant

Eric Leslie Kenneth Millar

Second Defendant

Harley John Paterson

Third Defendant

Queen City Autos Limited

Fourth Defendant

Freedom Wholesale Vehicles Limited

Fifth Defendant

Turners Auctions Limited

Sixth Defendant

Procedural Posture

Civil (strike Out Application and Discovery Applications) / Costs Determination Following Oral Judgment on Strike Out Application; Discovery Costs Reserved

Legal Issues

  1. 1 Whether the proceeding should be categorised as Category 2 or Category 3 for costs
  2. 2 Whether costs should follow the event given partial rulings on particulars
  3. 3 Whether costs for the strike-out application should be assessed on Band B or Band C

Ratio Decidendi

Proceeding categorised as Category 2 because, despite multiple causes of action and parties, the issues are relatively straightforward; plaintiffs succeeded in opposing the strike-out application and costs should follow the event; due to the defendants' approach requiring extensive evidential opposition, costs for the strike-out application are to be assessed on Band C with certain evidence-preparation steps assessed at double; plaintiffs may recover 75% of their expert accounting costs ($22,274.49) from the second to fifth defendants as a disbursement; discovery-related costs are reserved for global determination.

Court Disposition

Strike-out application by second to fifth defendants dismissed; costs awarded to plaintiffs; discovery costs reserved for later global determination.

Orders

  • Proceeding categorised as Category 2 for costs purposes.
  • Strike-out application dismissed.