WYNN WILLIAMS & CO V KAIN HC CHCH CIV-2010-409-002772

WYNN WILLIAMS & CO V KAIN HC CHCH CIV-2010-409-002772

The court awarded costs to the plaintiff as the successful party in category 2, held commencement of proceedings was Band A (1.6 days), preparing and filing the summary judgment application and supporting affidavits was Band C, allowed 1.5 days each for preparation for hearing and for arguing the hearing with a 20% uplift (not 50%), and held photocopying costs of $1,172.46 were recoverable as necessary and specific litigation disbursements.

Citation
openlaw-60b27c6d_9645_4e0d_a699_cad0bf80ff90.pdf
Parties
Plaintiff: Wynn Williams & Co; First Defendant: George Charles Kain; Second Defendant: George Michael Kain; Third Defendant: George Thomas Carlton Kain; Fourth Defendant: George Harry Kain; Fifth Defendant: Georgina Kain
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2012
Procedural Posture
Civil Proceeding Summary Judgment / Costs Determination Following Summary Judgment
Outcome
Costs awarded to plaintiff Wynn Williams & Co; time bands and uplift determined as set out; photocopying costs awarded.
Legal Topics
Summary Judgment, Costs Awards, Scale Uplift, Recoverability of Disbursements, Photocopying Costs
Civil Procedure Legal Profession Regulation Contract Law Costs Law Summary Judgment Costs Awards Scale Uplift Recoverability of Disbursements +1 more

Case Brief

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Parties

Wynn Williams & Co

Plaintiff

George Charles Kain

First Defendant

George Michael Kain

Second Defendant

George Thomas Carlton Kain

Third Defendant

George Harry Kain

Fourth Defendant

Georgina Kain

Fifth Defendant

Procedural Posture

Civil Proceeding Summary Judgment / Costs Determination Following Summary Judgment

Legal Issues

  1. 1 Appropriate time band under r 14.5 High Court Rules for commencement and for preparing and filing summary judgment and supporting affidavits
  2. 2 Entitlement to an uplift on scale costs for preparation and hearing and appropriate percentage
  3. 3 Recoverability of photocopying costs as necessary litigation disbursements

Ratio Decidendi

The court awarded costs to the plaintiff as the successful party in category 2, held commencement of proceedings was Band A (1.6 days), preparing and filing the summary judgment application and supporting affidavits was Band C, allowed 1.5 days each for preparation for hearing and for arguing the hearing with a 20% uplift (not 50%), and held photocopying costs of $1,172.46 were recoverable as necessary and specific litigation disbursements.

Court Disposition

Costs awarded to plaintiff Wynn Williams & Co; time bands and uplift determined as set out; photocopying costs awarded.

Orders

  • Commencement of proceeding (statement of claim/notice of proceeding) assessed at Band A (1.6 days).
  • Preparing and filing summary judgment application and supporting affidavits assessed at Band C.