DATELINE IMPORTS LTD AND ORS v BENNETT AND ORS [2015] NZHC 874

DATELINE IMPORTS LTD AND ORS v BENNETT AND ORS [2015] NZHC 874

Because the debt remained unpaid for nearly a month after proceedings were issued and the plaintiffs should be treated like a plaintiff obtaining undefended summary judgment, the plaintiffs were successful and entitled to costs on a 2B basis; the defendants are jointly and severally liable for $7,179.

Citation
[2015] NZHC 874
Parties
Plaintiffs: Dateline Imports Ltd and Ors; Defendants: Robin Leslie Bennett and Ors
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 April 2015
Procedural Posture
Civil Summary Judgment Application / Costs Determination on the Papers Referred to Duty Judge
Outcome
Costs awarded to plaintiffs on a 2B basis totaling $7,179; defendants jointly and severally liable to pay those costs.
Legal Topics
Summary Judgment, Costs, Payment of Debt
Civil Procedure Costs Summary Judgment Payment of Debt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dateline Imports Ltd and Ors

Plaintiffs

Robin Leslie Bennett and Ors

Defendants

Procedural Posture

Civil Summary Judgment Application / Costs Determination on the Papers Referred to Duty Judge

Legal Issues

  1. 1 Whether plaintiffs were successful for costs purposes despite payment before hearing
  2. 2 Whether payment after proceedings but before hearing entitles plaintiffs to costs on a 2B basis
  3. 3 Whether the proceedings were unnecessary and should negate an award of costs to plaintiffs

Ratio Decidendi

Because the debt remained unpaid for nearly a month after proceedings were issued and the plaintiffs should be treated like a plaintiff obtaining undefended summary judgment, the plaintiffs were successful and entitled to costs on a 2B basis; the defendants are jointly and severally liable for $7,179.

Court Disposition

Costs awarded to plaintiffs on a 2B basis totaling $7,179; defendants jointly and severally liable to pay those costs.

Orders

  • Costs awarded to plaintiffs on a global basis in the sum of $7,179.
  • Defendants jointly and severally liable to meet those costs.