New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Allocation of costs between parties

Legal area

Court

25 Nov 2016

MUMBY v MUMBY [2016] NZHC 2836

Citation

[2016] NZHC 2836
Court

High Court

Court found the testatrix knew and approved her will and that Brett did not exert undue influence; a modest Family Protection award to Neil was warranted; costs awarded: Brett $59,701.81 (10% uplift) with 50% to be met from the residuary estate and the remainder by Neil and Cherie personally; Neil awarded $12,545 (from estate) for family protection success; Glenda awarded $26,492.40 (from estate) with a 10% reduction; specified disbursements were ordered from the estate.
21 Dec 2011

FULLERS BAY OF ISLANDS LTD V OTEHEI BAY HOLDINGS LTD HC AK CIV-2009-404-007207

Citation

openlaw-49bb8ae5_c7b6_4965_90ab_d349bfe2df35.pdf
Court

High Court

The court refused the plaintiffs' applications for increased costs and held band B applied to all items; the plaintiffs' submissions for uplift under r 14.6(3) were not made out; interest on costs does not run from the date of the substantive judgment because a judgment debt for costs is not created until a specific amount is ordered to be paid, therefore interest under r 11.27(1) accrues only after quantification and order to pay.