Glanz v JL Management Ltd [2020] NZHC 1273

Glanz v JL Management Ltd [2020] NZHC 1273

Plaintiffs awarded costs against JLM on Category 2; generally at Band B but Band C was allowed for two specific items (filing the interlocutory summary judgment application and preparation of the hearing bundle). Costs were calculated at specified daily rates, reduced to 90% to reflect partial success on claimed sums, producing a costs award of $28,185.30 against JLM; disbursements ordered to be paid by JLM and Mr Lloyd jointly and severally; costs against Mr Lloyd (other than disbursements) reserved.

Citation
[2020] NZHC 1273
Parties
Plaintiffs: Russell and Robynne Glanz; First Defendant: JL Management Limited; Second Defendant: John Richard Lloyd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 June 2020
Procedural Posture
Building Contract; Claims Under Fair Trading Act 1986; Summary Judgment Application / Costs Determination Following Summary Judgment
Outcome
Costs awarded in favour of the plaintiffs against JL Management Limited; costs against John Richard Lloyd reserved except for disbursements which are joint and several between JLM and Mr Lloyd.
Legal Topics
Summary Judgment, Costs Assessment, Misleading or Deceptive Conduct, Counterclaims Dismissed, Quantum Reserved
Contract Property Fair Trading Civil Procedure Costs Summary Judgment Costs Assessment Misleading or Deceptive Conduct +2 more

Case Brief

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Parties

Russell and Robynne Glanz

Plaintiffs

JL Management Limited

First Defendant

John Richard Lloyd

Second Defendant

Procedural Posture

Building Contract; Claims Under Fair Trading Act 1986; Summary Judgment Application / Costs Determination Following Summary Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to costs against JLM following summary judgment
  2. 2 Appropriate category and band under High Court Rules for time allowances
  3. 3 Whether Band C should apply to particular steps

Ratio Decidendi

Plaintiffs awarded costs against JLM on Category 2; generally at Band B but Band C was allowed for two specific items (filing the interlocutory summary judgment application and preparation of the hearing bundle). Costs were calculated at specified daily rates, reduced to 90% to reflect partial success on claimed sums, producing a costs award of $28,185.30 against JLM; disbursements ordered to be paid by JLM and Mr Lloyd jointly and severally; costs against Mr Lloyd (other than disbursements) reserved.

Court Disposition

Costs awarded in favour of the plaintiffs against JL Management Limited; costs against John Richard Lloyd reserved except for disbursements which are joint and several between JLM and Mr Lloyd.

Orders

  • JL Management Limited to pay costs of $28,185.30 to the plaintiffs.
  • JL Management Limited and John Richard Lloyd to pay the plaintiffs' disbursements as fixed by the Registrar; JLM and Mr Lloyd are jointly and severally liable for those disbursements.