New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Amendment of appeal

Legal area

Court

9 Mar 2009

TRUSTEES EXECUTORS LTD AND ANOR V WELLINGTON CITY COUNCIL AND ORS HC WN CIV 2008-485-739

Citation

openlaw-f3624a4a_9444_4098_9922_6486fb676c96.pdf
Court

High Court

The stay application was granted and the successful applicant will not be made liable for respondents' costs in respect of that contested application; where a respondent did not attend an initial leave hearing it cannot claim costs for that hearing but may claim scale costs for filing and prosecuting an application to recall; a claim for costs in respect of a discontinued dismissal application must fail where a joint memorandum recorded that there was no issue as to costs; unresolved or unclear cost items require further particulars and memoranda before determination.
16 Nov 2006

KAUPUA AND ANOR V LEVIN AND ANOR CIV 2006-404-5188

Citation

openlaw-485642a0_0f8a_42b7_ac89_20fefeec43d5.pdf
Court

High Court

Leave to add the third ground of appeal was granted because the proposed ground did not alter the character of the case but clarified the central controversy, prejudice to respondents was remediable by allowing supplementary evidence, and the merits of the new ground were better assessed on the appeal rather than at the leave stage; accordingly directions for further affidavits and timetable were ordered and costs were reserved to lie where they fall.