THE ATTORNEY-GENERAL V M. KENNEDY AND ANOR HC WN CIV-2001-485-719

THE ATTORNEY-GENERAL V M. KENNEDY AND ANOR HC WN CIV-2001-485-719

The court applied High Court Rules r47(a) and held that because the defendants failed in the proceeding and withdrew their opposition to a defended summary judgment at the last minute, costs should follow the event; the usual category 2B scale applies and the plaintiff is entitled to costs of $17,855.00 plus disbursements, with the defendants' cultural and consultation arguments rejected as unsupported.

Citation
openlaw-80a12aef_2c41_4ca3_8bef_f1c99d3b9806.pdf
Parties
Plaintiff: THE ATTORNEY-GENERAL; First Defendant: M. KENNEDY; Second Defendant: TITIRANGI ADVOCACY SERVICES LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 December 2005
Procedural Posture
Civil Summary Judgment Proceeding / Judgment as to Costs (post Summary Judgment)
Outcome
Costs awarded to plaintiff against the defendants on a category 2B basis; $17,855.00 plus disbursements as approved by the Registrar.
Legal Topics
Summary Judgment, Costs Awards, High Court Rules R47(a), Schedule 2 Category 2 B, Tikanga/cultural Consultation
Civil Procedure Costs Fraud Summary Judgment Costs Awards High Court Rules R47(a) Schedule 2 Category 2 B Tikanga/cultural Consultation

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Parties

THE ATTORNEY-GENERAL

Plaintiff

M. KENNEDY

First Defendant

TITIRANGI ADVOCACY SERVICES LIMITED

Second Defendant

Procedural Posture

Civil Summary Judgment Proceeding / Judgment as to Costs (post Summary Judgment)

Legal Issues

  1. 1 entitlement to costs following consent to summary judgment
  2. 2 application of High Court Rules r47(a) (costs follow the event)
  3. 3 appropriate costs category under Schedule 2 (category 2B)

Ratio Decidendi

The court applied High Court Rules r47(a) and held that because the defendants failed in the proceeding and withdrew their opposition to a defended summary judgment at the last minute, costs should follow the event; the usual category 2B scale applies and the plaintiff is entitled to costs of $17,855.00 plus disbursements, with the defendants' cultural and consultation arguments rejected as unsupported.

Court Disposition

Costs awarded to plaintiff against the defendants on a category 2B basis; $17,855.00 plus disbursements as approved by the Registrar.

Orders

  • Costs awarded to plaintiff on category 2B scale in the sum of $17,855.00 plus disbursements as approved by the Registrar.
  • Registrar directed to endorse this judgment with a delivery time of 10.00am on 21 December 2005.