H and H v S [2015] NZHC 696

H and H v S [2015] NZHC 696

Award defendants costs on category 2 with band C for the defendants' notice of opposition and both sets of written submissions and band B for the 19 June 2014 teleconference; deny 50% uplift for the two fixed hearing days; disallow the $277 airfare; award total costs $22,288 and disbursements $1,137.58 (total $23,425.58).

Citation
[2015] NZHC 696
Parties
First Plaintiffs: H and H; Second Plaintiff: XYZ LIMITED; First Defendant: S; Second Defendants: S and Others as trustees of the T Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 April 2015
Procedural Posture
Civil Interlocutory Strike Out Application / Post Hearing Costs Determination
Outcome
Costs awarded to defendants; specific disbursements partly allowed and partly disallowed; non-publication order affirmed
Legal Topics
Strike Out Application, Costs Assessment, Time Band Allocation Under High Court Rules Schedule 3, Increased Costs R 14.6(3), Disbursements, Non Publication Order
Civil Procedure Costs Trusts Tax Law Evidence Confidentiality Legal Professional Privilege Strike Out Application +5 more

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Parties

H and H

First Plaintiffs

XYZ LIMITED

Second Plaintiff

S

First Defendant

S and Others as trustees of the T Trust

Second Defendants

Procedural Posture

Civil Interlocutory Strike Out Application / Post Hearing Costs Determination

Legal Issues

  1. 1 Appropriate time band (B v C) for steps in costs assessment
  2. 2 Whether 50% uplift on category 2 rate for fixed hearing days justified under r14.6(3)
  3. 3 Whether non-refundable airfare disbursement should be allowed

Ratio Decidendi

Award defendants costs on category 2 with band C for the defendants' notice of opposition and both sets of written submissions and band B for the 19 June 2014 teleconference; deny 50% uplift for the two fixed hearing days; disallow the $277 airfare; award total costs $22,288 and disbursements $1,137.58 (total $23,425.58).

Court Disposition

Costs awarded to defendants; specific disbursements partly allowed and partly disallowed; non-publication order affirmed

Orders

  • Award costs to the defendants of $22,288
  • Award disbursements to the defendants of $1,137.58