BODY CORPORATE NO & ANOR V AUCKLAND CITY COUNCIL & ORS HC AK CIV 2004-404-7207

BODY CORPORATE NO & ANOR V AUCKLAND CITY COUNCIL & ORS HC AK CIV 2004-404-7207

The Court held the solicitor who issued proceedings without authority (Mr Josephson) was the proper person to order to pay costs; applied High Court Rules Category 2 Band B with specific adjustments (halving preparation allowance for first and second defendants and a two-thirds recovery basis for third defendant's preparation) and assessed fixed amounts to be paid by the solicitor to each defendant with filing fee disbursements.

Citation
openlaw-5107e3fa_3a99_4a9c_82de_445565fde5dc.pdf
Parties
First Plaintiff: Body Corporate No 192964; Second Plaintiff: Yu-Hsin and Others; First Defendant: Auckland City Council; Second Defendant: Philip Jones; Third Defendant: The Fletcher Construction Company Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 February 2006
Procedural Posture
Civil Interlocutory Strike Out Applications / Costs Determination Following Interlocutory Judgments
Outcome
Order made against Mr Josephson to pay specified costs to defendants; balance of costs reserved to costs in the cause.
Legal Topics
Strike Out, Costs Assessment, Solicitor Liability for Costs, Ratification of Proceedings, High Court Rules Categorisation
Civil Procedure Costs and Litigation Funding Legal Professional Conduct Strike Out Costs Assessment Solicitor Liability for Costs Ratification of Proceedings High Court Rules Categorisation

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Parties

Body Corporate No 192964

First Plaintiff

Yu-Hsin and Others

Second Plaintiff

Auckland City Council

First Defendant

Philip Jones

Second Defendant

The Fletcher Construction Company Limited

Third Defendant

Procedural Posture

Civil Interlocutory Strike Out Applications / Costs Determination Following Interlocutory Judgments

Legal Issues

  1. 1 Whether proceedings commenced without authority were a nullity or capable of ratification
  2. 2 Whether plaintiffs had ratified commencement within a reasonable time
  3. 3 Whether solicitor who issued proceedings without authority could be ordered to pay costs

Ratio Decidendi

The Court held the solicitor who issued proceedings without authority (Mr Josephson) was the proper person to order to pay costs; applied High Court Rules Category 2 Band B with specific adjustments (halving preparation allowance for first and second defendants and a two-thirds recovery basis for third defendant's preparation) and assessed fixed amounts to be paid by the solicitor to each defendant with filing fee disbursements.

Court Disposition

Order made against Mr Josephson to pay specified costs to defendants; balance of costs reserved to costs in the cause.

Orders

  • Mr Josephson to pay the third defendant $28,950 plus filing fee disbursement $600
  • Mr Josephson to pay the first defendant $5,510 plus filing fee disbursement $600