JONES v GOERTZEN – Costs [2020] NZHC 2332

JONES v GOERTZEN – Costs [2020] NZHC 2332

Because the receivers were the successful party, had reasonably claimed 2B costs and disbursements totalling $29,036.80, and the respondent failed to meaningfully oppose that claim, the court awarded the claimed costs in full.

Citation
[2020] NZHC 2332
Parties
Plaintiffs: Kieran Michael Jones and Thomaslee Rodewald as receivers of CoreInfrastructure Limited (in receivership); First Defendant: Unknown Defendants; Second Defendant: Jason Goertzen
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 September 2020
Procedural Posture
Receivership Proceedings / Costs Assessment After Summary Judgment
Outcome
Order that Mr Goertzen pay costs to the receivers
Legal Topics
Summary Judgment, Costs Assessment, 2 B Scale, Disbursements
Civil Procedure Costs Insolvency/receivership Summary Judgment Costs Assessment 2 B Scale Disbursements

Case Brief

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Parties

Kieran Michael Jones and Thomaslee Rodewald as receivers of CoreInfrastructure Limited (in receivership)

Plaintiffs

Unknown Defendants

First Defendant

Jason Goertzen

Second Defendant

Procedural Posture

Receivership Proceedings / Costs Assessment After Summary Judgment

Legal Issues

  1. 1 Whether the receivers were entitled to costs as the successful party
  2. 2 Proper scale and amount of costs (2B costs and disbursements)
  3. 3 Whether respondent's limited response justified denying or reducing costs

Ratio Decidendi

Because the receivers were the successful party, had reasonably claimed 2B costs and disbursements totalling $29,036.80, and the respondent failed to meaningfully oppose that claim, the court awarded the claimed costs in full.

Court Disposition

Order that Mr Goertzen pay costs to the receivers

Orders

  • Mr Goertzen is ordered to pay costs of $29,036.80 to the receivers