JANES v BENNEY [2019] NZHC 2719

JANES v BENNEY [2019] NZHC 2719

The presumption under r15.23 that a plaintiff who discontinues must pay the defendant's costs applies; it was not displaced here because the plaintiffs' conduct (including unnecessary claims, misjoinder and inappropriate summary judgment attempts) caused more unnecessary work for Unlimited Potential than vice versa. The court therefore ordered Ms Janes to pay costs on the discontinuance of $4,460 and fixed High Court costs for steps taken in this court to assist the District Court (Unlimited Potential: $12,286 if it succeeds; Ms Janes: $9,598 if she succeeds). The proceeding is transferred to the District Court under s94 of the District Court Act 2016 and costs are to be assessed on the...

Citation
[2019] NZHC 2719
Parties
First Plaintiff: KIM JANES; Second Plaintiff: JADE PAUL VATSELIAS; First Defendant: MARGARET BENNEY; Second Defendant: DANIEL JOHN REED; Third Defendant: UNLIMITED POTENTIAL LIMITED; Fourth Defendant: SANDI ANDERSON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 October 2019
Procedural Posture
Civil Proceeding Involving Summary Judgment Applications, Counterclaim for Commission and Discontinuance / Costs Judgment in High Court and Transfer of Remainder of Proceedings to the District Court
Outcome
Proceeding transferred to the District Court at Auckland; plaintiffs' discontinuance against second and third defendants upheld; Ms Janes ordered to pay costs on the discontinuance to Unlimited Potential Ltd in the sum of NZD 4,460; High Court fixed amounts for costs of steps taken in this Court to be claimed in the...
Legal Topics
Summary Judgment, Discontinuance, Costs on Discontinuance (r15.23), Counterclaim for Commission, Vicarious Liability, Transfer to District Court, Misjoinder, Assessment of High Court Costs for District Court Hearing
Civil Procedure Contract Agency Law Real Property Law Professional Negligence Costs Law Summary Judgment Discontinuance +6 more

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

KIM JANES

First Plaintiff

JADE PAUL VATSELIAS

Second Plaintiff

MARGARET BENNEY

First Defendant

DANIEL JOHN REED

Second Defendant

UNLIMITED POTENTIAL LIMITED

Third Defendant

SANDI ANDERSON

Fourth Defendant

Procedural Posture

Civil Proceeding Involving Summary Judgment Applications, Counterclaim for Commission and Discontinuance / Costs Judgment in High Court and Transfer of Remainder of Proceedings to the District Court

Legal Issues

  1. 1 Whether the presumption in r 15.23 that a plaintiff who discontinues must pay defendant's costs applies and should be displaced
  2. 2 What High Court costs for steps taken in the High Court should be fixed for allowance in a subsequent District Court hearing (r 14.13)
  3. 3 Whether summary judgment was appropriate for alleged breaches of professional duty

Ratio Decidendi

The presumption under r15.23 that a plaintiff who discontinues must pay the defendant's costs applies; it was not displaced here because the plaintiffs' conduct (including unnecessary claims, misjoinder and inappropriate summary judgment attempts) caused more unnecessary work for Unlimited Potential than vice versa. The court therefore ordered Ms Janes to pay costs on the discontinuance of $4,460 and fixed High Court costs for steps taken in this court to assist the District Court (Unlimited Potential: $12,286 if it succeeds; Ms Janes: $9,598 if she succeeds). The proceeding is transferred to the District Court under s94 of the District Court Act 2016 and costs are to be assessed on the...

Court Disposition

Proceeding transferred to the District Court at Auckland; plaintiffs' discontinuance against second and third defendants upheld; Ms Janes ordered to pay costs on the discontinuance to Unlimited Potential Ltd in the sum of NZD 4,460; High Court fixed amounts for costs of steps taken in this Court to be claimed in the...

Orders

  • Ms Janes to pay Unlimited Potential Ltd costs on discontinuance in the sum of NZD 4,460.
  • This proceeding is transferred to the District Court at Auckland under s 94 of the District Court Act 2016.