PURE ELITE HOLDINGS LIMITED v BODCO LIMITED [2018] NZHC 156

PURE ELITE HOLDINGS LIMITED v BODCO LIMITED [2018] NZHC 156

Apply the general approach that costs follow the event for a defendant's unsuccessful summary judgment application; award plaintiffs costs, reduce the award to reflect defendants' partial success on security for costs by allowing 50% of the limited costs related to that element and 50% of the filing fee; decline costs for costs memoranda; reserve costs relating to discontinued plaintiffs pending resolution of counterclaim.

Citation
[2018] NZHC 156
Parties
First Plaintiff: PURE ELITE HOLDINGS LIMITED; Second Plaintiff: PEH NEW ZEALAND LIMITED; Third Plaintiff: EVER HEALTH NEW ZEALAND LIMITED; First Defendant: BODCO LIMITED; Second Defendant: BRIAN NOEL WAGSTAFF; Third Defendant: RICHARD CHEW YOUNG; Fourth Counterclaim Defendant: RANDOLPH EDWARD CASIMIR VAN DERBURGH; Fifth Counterclaim Defendant: GEOFFREY IAN POLLARD
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 February 2018
Procedural Posture
Civil (summary Judgment and Security for Costs Application) / Costs Determination After Dismissal of Summary Judgment and Recall Applications (on the Papers)
Outcome
Defendants jointly and severally liable to pay costs to first to third plaintiffs in the sum of $6,837.22; other costs reserved as set out in judgment.
Legal Topics
Summary Judgment, Security for Costs, Costs Assessment, Discontinuance
Civil Procedure Contract Law Costs Law Summary Judgment Security for Costs Costs Assessment Discontinuance

Case Brief

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Parties

PURE ELITE HOLDINGS LIMITED

First Plaintiff

PEH NEW ZEALAND LIMITED

Second Plaintiff

EVER HEALTH NEW ZEALAND LIMITED

Third Plaintiff

BODCO LIMITED

First Defendant

BRIAN NOEL WAGSTAFF

Second Defendant

RICHARD CHEW YOUNG

Third Defendant

RANDOLPH EDWARD CASIMIR VAN DERBURGH

Fourth Counterclaim Defendant

GEOFFREY IAN POLLARD

Fifth Counterclaim Defendant

Procedural Posture

Civil (summary Judgment and Security for Costs Application) / Costs Determination After Dismissal of Summary Judgment and Recall Applications (on the Papers)

Legal Issues

  1. 1 Whether costs should be awarded to plaintiffs following defendants' unsuccessful summary judgment application
  2. 2 Whether defendants are entitled to costs or set-off for their partial success on security for costs
  3. 3 Whether costs relating to discontinued claims by fourth and fifth plaintiffs should be determined now or reserved

Ratio Decidendi

Apply the general approach that costs follow the event for a defendant's unsuccessful summary judgment application; award plaintiffs costs, reduce the award to reflect defendants' partial success on security for costs by allowing 50% of the limited costs related to that element and 50% of the filing fee; decline costs for costs memoranda; reserve costs relating to discontinued plaintiffs pending resolution of counterclaim.

Court Disposition

Defendants jointly and severally liable to pay costs to first to third plaintiffs in the sum of $6,837.22; other costs reserved as set out in judgment.

Orders

  • Defendants jointly and severally liable to pay costs to the first to third plaintiffs in the sum of $6,837.22.
  • Costs relating to the fourth and fifth plaintiffs' discontinuance are reserved until the counterclaim against them is resolved.