HALL v JOHNSEN [2015] NZHC 1560

HALL v JOHNSEN [2015] NZHC 1560

Although the defendant succeeded at both interlocutory and substantive stages and is entitled to costs, the defendant's persistent and unexplained non-compliance with comprehensive timetabling orders justified a 50% reduction of any otherwise assessed 2B scale costs for the pre-legal-aid period; the legal aid grant for the later period is recoverable in full, producing a total award of $14,129.10 in the defendant's favour.

Citation
[2015] NZHC 1560
Parties
Plaintiff: Terence Michael Hall; Defendant: Percy Roderick; Defendant: Marie Therese Johnsen
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 July 2015
Procedural Posture
Civil (debt Recovery) / Costs Application Following Interlocutory and Substantive Hearings
Outcome
Costs awarded to defendant Marie Therese Johnsen against plaintiff Terence Michael Hall in the total sum of $14,129.10, comprising a reduced pre-legal-aid 2B award and recovery of the legal aid grant.
Legal Topics
Summary Judgment, Legal Aid Recovery, Acknowledgment of Debt, Timetable Non Compliance, Costs Assessment
Civil Procedure Costs Contract Company Law Insolvency Summary Judgment Legal Aid Recovery Acknowledgment of Debt +2 more

Case Brief

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Parties

Terence Michael Hall

Plaintiff

Percy Roderick

Defendant

Marie Therese Johnsen

Defendant

Procedural Posture

Civil (debt Recovery) / Costs Application Following Interlocutory and Substantive Hearings

Legal Issues

  1. 1 Entitlement of defendant to costs after successful defence at interlocutory and substantive hearings
  2. 2 Whether persistent non-compliance with timetabling orders justifies reduction or denial of costs
  3. 3 Whether legal aid grant is recoverable as costs

Ratio Decidendi

Although the defendant succeeded at both interlocutory and substantive stages and is entitled to costs, the defendant's persistent and unexplained non-compliance with comprehensive timetabling orders justified a 50% reduction of any otherwise assessed 2B scale costs for the pre-legal-aid period; the legal aid grant for the later period is recoverable in full, producing a total award of $14,129.10 in the defendant's favour.

Court Disposition

Costs awarded to defendant Marie Therese Johnsen against plaintiff Terence Michael Hall in the total sum of $14,129.10, comprising a reduced pre-legal-aid 2B award and recovery of the legal aid grant.

Orders

  • Plaintiff Terence Michael Hall to pay defendant Marie Therese Johnsen $14,129.10 in costs.
  • Award comprises reduced 2B scale costs for work done prior to legal aid: $4,228.75 (50% reduction of assessed $8,457.50).